Guha Ray, J. - (1.) The appellants are the joint receivers of the Auddy Estate, Chetla, who are the settlement holders from the Government in respect of certain Sundarban lands, known as Mouza Sridharnagore in P.S.Mathurapore in the district of 24-Parganas. One of the terms of the lease is that the lessees are responsible for the efficient maintenance of the existing embankments, sluice gates, etc. to the standard which is necessary for keeping the lot under cultivation and it was open to the Collector, in whose favour the lease was executed, to give notice to the lessees calling upon them to remedy the breach of any ' condition including the condition relating to the efficient maintenance of the embankment.
(2.) On 4-5-1950, on receipt of a telegram from a number of cultivating tenants of the said lot, the Collector called for a report from the Assistant Engineer and the report of the Assistant Engineer, printed at page 11 of the paper book, is to the effect that there were several breaches in both the western and southern boundary embankments of village Sridharnagore on 2-5-1950, and the breaches in one of the embankments were being mended, and although the breaches in the other had been mended, they had not been mended so strongly, with the result that breaches occurred again therein on 31-5-1950, and upto 1-6-1950, they were all left to the mercy of the weather and the saline water was entering the paddy field.
(3.) On the receipt of the said report, the Collector, on 15-6-1950, directed a copy of it to be forwarded to the receivers of the Auddy Estate for taking immediate action and report compliance by 20-7-1950. There was no response from the Auddy Estate till 10-3-1950, when they filed a petition before the Collector, printed at page 13 of the paper book, saying that the chakdars under them were responsible for the maintenance and repair of the embankments of their chaks under their contract with the lessees, and that the said chakdars had so long been maintaining the said bheris in pursuance thereof and it was their prayer that the Collector should call upon those chakdars to show cause for their wilful negligence in the works of repair.;