Hazra, J. - (1.) This is an application by Mohan Chand Seal, the defendant No. 2 (b) in this suit, inter alia, for giving leave to Fatick Chand Seal, the Receiver, appointed in this suit, to lease out for a period of 99 years 30 Bighas of land at premises No. 98. Manicktolla Main Road, Calcutta to the intended lessee or lessees.
(2.) Premises No. 98, Manicktolla Main Road. Calcutta (hereinafter called the said premises'), is one of the properties of the plaintiff deity. This is a very big and valuable property consisting of 40 bighas of land. On the high land of the said premises facing the road there is a two storied building including temple. Nat Mandir, feeding house of the poor, charitable dispensary Jheel, tanks and there is also open low land. The plaintiff deity was installed in the Tha-kur Bari in the said premises. In or about 1948, the said premises was requisitioned by the Government of West Bengal. After the requisition the plaintiff deity was located in another debutter property viz.: No. 14, Madan Datta Lane, Calcutta.
(3.) The question in this application is whether this court should grant leave to the Receiver appointed in this suit in an interlocutory application to lease out. for 99 years 30 bighas out of 40 bighas of land, which, is debutter property.;