Himansu Kumar Bose, J. - (1.) This is a suit for recovery of Rs. 77, 481-13-3 on account of compensation payable by the defendant to the plaintiff in respect of a requisition of certain lands made by the Government under the Defence of India Rules, 1939, together with interest thereon. The plaintiff's case as laid in the plaint, is that the plaintiff company is the owner of certain lands in Mouza Kankulia in Police Station Tollygunge in the District of 24-Parganas. By an order dated the 21st June, 1946, the then Government of Bengal requisitioned the said lands, and a copy of the order was served on Messrs. Poddar Brothers Ltd. who were the Managing Agents of the plaintiff company, at No. 115A, Chittaranjan Avenue, Calcutta, within the jurisdiction of this Court.
(2.) On or about the 30th January, 1947, the Land Acquisition Collector, 24-Parganas, fixed and offered to pay Rs. 4,641 per month as compensation in respect of the said lands with effect from 29th June, 1946, and the plaintiff agreed thereto. On 15th May, 1947, the Collector sanctioned payment of the pre-partition claim then due.
(3.) Under the provisions of the Indian Independence Act. 1947, the Province of Bengal was split up in two new provinces of East Bengal and West Bengal as from 15th August, 1947. The agreement to pay compensation referred to above became as from 15th August, 1947, a contract for purposes which as from that day were exclusively purposes of the Province of West Bengal and should 1 e deemed to have been made on behalf of that Province instead of the Province of Bengal. It is further alleged that by and under the Indian Independence (Rights. Property and Liabilities) Order, 1947, the compensation payable to the plaintiff under the said order of requisition is a liability of the Province of West Bengal and that Province became liable to pay the same. Further under the Constitution of India the State of West Bengal became so liable from 26th January, 1950.;