BHABATARAN KOYAL Vs. STATE OF WEST BENGAL
LAWS(CAL)-1970-3-14
HIGH COURT OF CALCUTTA
Decided on March 02,1970

BHABATARAN KOYAL Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (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 (Act XV of 1895), is the Revenue-free title 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.
(2.) 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.
(3.) IN our view, the decision of the lower appellate court should be affirmed.;


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