RAI HARENDRA LAL ROY BAHADUR ESTATES LTD Vs. HEM CHANDRA NASKAR

JUDGEMENT

(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.

(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.