John Beaumont, J. - (1.)THIS is a consolidated appeal to His Majesty in Council, namely, Nos. 16,17 and 18 of 1945, from a judgment and decrees, all dated June 7, 1945, of the High Court at Calcutta, which reversed the judgment and decrees, all dated November 7, 1941, of the Special Land Acquisition Judge, 24 Parganas, delivered and passed in proceedings under the Land Acquisition Act (Act I of 1-894), hereinafter referred to as "the Act. "
(2.)THE property acquired consisted of 3 plots of beel (marsh lands) of which the appellant was the owner to the extent of four-fifth shares, and of which the respondents were the tenants under mokorari mourasi leases (permanent, heritable arid transferable tenures at a fixed rent) granted to their predecessor in title by predecessors in title of the appellant.
The question for determination relates to the apportionment of compensation awarded under the Act as between the appellant as proprietor and the respondents as tenants, and the answer to this question depends on the construction and effect of grants made by the predecessors in title of the appellant to the predecessor in title of the respondents. It may be noted that at the dates of these grants it was the Land Acquisition Act of 1870 which was in force, but for the purposes of this appeal there was no material difference between that Act and the Act of 1894.

The relevant facts, which are not in dispute, are as follows :

(3.)ON April 6, 1880, Hari Mohan Hoy and Peari Mohan Roy, some of the predecessors in title of the appellant, by a registred patta of that date written in the Bengali language, granted a mokarari mourasi lease of their four-fifth shares of 1,000 bighas of land situate in the district of the 24 Parganas, to Srimati Gokulmani Dasi, predecessor in title of the respondents, at an annual rental of 12 annas per bigha.
On June 15, 1880, the said Gokulmani Dasi executed a registered kabuliyat in favour of Kaibalya Nath Biswas and others, the others predecessors in title of the appellant in respect of the other one-fifth share in the same land at the same annual rent.