ANUKUL CHANDRA HALDAR Vs. GURUPADA HALDAR

JUDGEMENT

(1.) This is an appeal by Anukul Chandra Haldar, one of the claimants in proceedings before the President, Calcutta Improvement Tribunal, arising out of acquisition of certain premises in Mudiali Road for a project of the Improvement Trust known as a Street Scheme No. 33, Southern Avenue, Section 1, in Ward No. 27, Calcutta Municipality. The President has awarded the entire compensation money in accordance with his award which comes to about Rs. 3,54,000 odd to claimant No. 1 (a) Gurupada Haldar and his wife claimant No. 1 (b) Sukumari Debi. It appears that the present appellant Anukul Chandra Haldar put in a statement of claim under Section 9, Land Acquisition Act, before the Land Acquisition Collector, Calcutta, on 30th May 1932 in which he alleged that the famous goddess Sri Sri Iswari Kali Mata Thakurani, and the gods Sri Sri Iswar Shyam Roy Thakur and Sri Sri Iswar Nakuleswar Thakur are the sole owners and proprietors of the premises proposed to be acquired. He stated in that petition that he and his uncle (his father's step-brother) Gurupada Haldar are the joint shebaits of the said gods and goddesses. Upon this he claimed for a joint compensation for the acquisition of this property alleging that the said premises being debuttar property the claimant and the said Gurupada Haldar are not competent to alienate the same. Upon this a claim petition was put in by Srimati Sukumari Debi on 13 June 1932 in which she alleged that she was the Mourashidar of the premises in question and that her husband Gurupada Haldar was the superior landlord thereof. She claimed compensation for the acquisition of the said premises. Upon this the Land Acquisition Collector seems to have made a joint award of the compensation money, which has been awarded by the Collector, in favour of Gurupada Haldar, his wife Sukumari Debi, and the other claimants Nos. 1 (c) to 1 (g) who are the purchasers of the portion of the premises in question from both Gurupada Haldar and Sukumari Debi as well as in favour of the present appellant Anukul Chandra Haldar, the total compensation being Rs. 2,54,749-14-1. Gurupada and Sukumari were apparently not satisfied with the award made by the Collector.

(2.) A reference under Section 18, Land Acquisition Act, was made on behalf of Sukumari Debi in which she alleged that she was the Mourashidar of the premises which were sought to be acquired, under Gurupada Haldar; and she wanted an increased compensation. There were petitions for reference under Section 18 by some other claimants also. The learned President who dealt with these references came to the conclusion that the property that was sought to be acquired was the property of one Kenaram Haldar, Gurupada being his son by his third wife Hemangini Debi, and that the said property has been bequeathed in absolute right to Gurupada Haldar who had granted a Mokarari Mourashi lease in favour of his wife. The President held that there was merely a nominal charge for worship of the said deities on the property bequeathed by Kinuram to his son Gurupada in absolute interest. On the question of compensation the President came to the conclusion that the compensation awarded by the Collector was inadequate and that he increased it to the sum which has already been mentioned, namely Rs. 3,54,000 odd, to be divided between Gurupada and his wife Sm. Sukumari Debi. He rejected the contention raised on behalf of Anukul that the property sought to be acquired was debuttar property and that the same was inalienable. He held that the property was secular property and belonged to Kinuram who had full power of disposing of the same by his will.

(3.) Against this award of the learned President the present appeal has been brought by Anukul, and on his behalf two contentions have been put forward by the learned Advocate for the appellant. It has been contended firstly that on a proper construction of the Will of Kinuram Haldar, who died on 27 April 1894, it should have been held by the learned President that the premises sought to be acquired belonged really to certain deities who are named in the Will; that there was a bequest in favour of these idols; that therefore the property was inalienable and no portion of the compensation money should have been awarded either to Gurupada or to his wife Sukumari Debi. The second contention was that in any event under the provisions of Section 32, Land Acquisition Act (Act 1 of 1894), a certain sum of money should have been retained by the President and it should have been invested in approved securities seeing that in any event by the Will a charge was created on all the properties bequeathed by Kinuram Haldar for the purpose of the Sheba of the several deities mentioned in the Will. It becomes necessary therefore to examine the provisions of the Will which is printed at p. 102, part 2 of the paper book, and which has been marked as Ex. 2 in the case. The material portion of the will to which it is necessary to refer for the purpose of repelling the first contention of the appellant before us is as follows: Excepting the properties described in the 2nd paragraph, I hereby bequeath all these moveable and immoveable properties, ancestral and selfacquired, and the Government Promissory Notes, and the bonded warehouse shares and the money lying in deposit in the Savings Bank and all the other (properties) which I have, to my son Sriman Gurupada Haldar born of the womb of my third wife; after my death Gurupada Haldar will become entitled to all my properties in absolute right, and shall enjoy the same down to his sons, grandsons and so on and heirs in succession; to that no objection on the part of anybody will be entertained (Clause 3). I bequeath by this Will to my said son Sriman Gurupada Haldar, in absolute right, all the Palas of Sri Sri Iswari Kali Thakurani and Sri Sri Iswar Nakuleswar and other (deities), to which I am entitled (Clause 4). Out of the income of the properties left by me, the expenses of the Seva of the Siva Thakurs established by me, viz. Sri Sri Iswar Kalyaneswar, Sri Sri Iswar Sarbeswar, Sri Sri Iswar Kasiswar, Sri Sri Iswar Anandeswar and Sri Sri Iswar Jogeswar and of the Sri Sri Iswar Syam Roy Thakur; Sri Sri Sri Iswari Kali Thakurani and Nakuleswar Thakur and other dieties established by my ancestors shall be borne. The executrix shall perform the Seva of the said Thakurs and Thakuranis; after her death my son Sriman Gurupada Haldar shall do the same down to his heirs in succession; my properties remain liable for the Seva of all these deities (Clause 5).