Vaidialingam J. - (1.) These two appeals on certificate are directed against the judgment of the Calcutta High Court dated March 27, 1962 in First Appeals from the Original Decree Nos. 311 and 312 of 1956.
(2.) Two plots of land bearing No. 936 of Mouza Asansol and plot No. 9202 of Mouza Asansol Municipality were acquired under the Land Acquisition Act. The notification under Section 4 of the Land Acquisition Act dated December 13, 1947 was published in the Calcutta Gazette of 25th December, 1947. The declaration under Section 6 dated December 30, 1947 was published in the Calcutta Gazette on 8th January, 1948. For plot No 936 of Mouza Asansol measuring about 31 acres, the Land Acquisition Collector awarded a total compensation of Rs. 1707/- including Rs. 13/1/6 on account of the landlord's interest. The entire compensation in respect of this plot was directed to be paid to Bhaktbala Dasi, the sole respondent in Civil Appeal No. 436 of 1967. In-respect of plot No. 9202 of Mouza Asansol Municipality, the Land Acquisition Officer awarded as compensation a sum of Rs. 825/15/6 including Rs. 6/5/6 on account of the landlord's interest. This entire amount of compensation was directed to be paid to Bhaktbala Dam and her sister Subasini Dasi.
(3.) It may be mentioned that Bhaktbala Dasi is the first respondent and on the death of Subasini Dasi her son Sunil Kumar Roy, who has been impleaded in the proceedings is the second respondent in Civil Appeal No. 437 of 1967. Before the Land Acquisition Collector, in respect of both these plots, one Kashi Nath Dawn claimed title to the land and as such to the entire compensation amount. The appellants in these two appeals are the legal representatives of Kashi Nath Dawn.;