BHABATARAN KAYAL Vs. STATE OF WEST BENGAL
LAWS(CAL)-1970-3-38
HIGH COURT OF CALCUTTA
Decided on March 03,1970

Bhabataran Kayal Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

P.N. Mookerjee, J. - (1.) A short question arises for our consideration in this second appeal. The question is whether in the case of a grantee of revenue -free title under the Government Grants Act (XV of 1895), the revenue -free title is affected by the West Bengal Estates Acquisition Act so as to make the grantee liable to imposition of rents by the State Government. The point was answered by the learned Trial Judge in favour of the Plaintiff, who was claiming the right of exemption from such imposition. On appeal, however, that decision was reversed by the learned Additional District Judge and the Plaintiff's suit for declaration that the said imposition was illegal, void, ultra vires and without jurisdiction and, alternatively, for damages was dismissed.
(2.) In our view, the decision of the lower appellate Court should be affirmed. A revenue free property under the Government Grants Act would not be excluded from the definition of 'estate' in the West Bengal Estates Acquisition Act and, accordingly, would be subject to its provisions of vesting, retention and liability for rent.
(3.) Mr. Mitter, in arguing this appeal on behalf of the Appellant, first relied on Article 294(b) of the Constitution. That, however, has no relevance on the point as it only aims at defining the rights and liabilities of the State and the Central Governments in regard to proportion coming to or devolving on them on the enactment of the Constitution under its provisions.;


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