Mookerjee, J. - (1.) Premises Nos. 86, 87, 87/1 and 87/2, Phears Lane, Calcutta, were acquired in connection with Calcutta Improvement Trust Scheme No.LVII (Chittaranjan Avenue to Blackburn Lane). The notification was issued in August, 1948, and the declaration was published on the 4th August, 1949.
(2.) The subject matter of the appeal now before us is limited to the question of apportionment, so far as premises No.86, Phears Lane is concerned. On the 18th September, 1947, a lease of the premises was granted by the landlord, the appellant before us, to the tenant-respondent. As stated already, the notification under Section 4 was issued within a year of the lese. One of the conditions on which the lease was granted was that the tenant agreed to repair the building at a cost of four thousand rupees, such repairs to be completed within six months of the execution or the commencement of the lease. It was further agreed between the parties that "if at any time during the said term the demised premises or any material or substantial parts thereof be acquired under the provisions of the Land Acquisition Act, 1894, or any other Act for the time being in force for the acquisition of land for public purposes the term hereby granted shall be deemed to terminate and cancelled on the authentic publication of the declaration in respect of such acquisition and the lessee shall not be entitled to any compensation whatsoever from the lessor or from the acquiring body on behalf of the lessor, but without prejudice to claim o the lessee for compensation as against the Government or any local authority."
(3.) On behalf of the owner the entire compensation fixed by the Land Acquisition Collector was claimed as due to him alone. The lessee, Fakir Mohammad, claimed that as the lessee he was entitled to a portion of the said compensation. Accordingly a joint award was made and a Reference was made to the President, Calcutta Improvement Tribunal. The Tribunal has, on hearing the parties, allowed Rs.4,000 out of the compensation money to the lessee together with the statutory allowance of fifteen per cent. The balance of Rs.11,145 with statutory allowance has been awarded in favour of the owner. The present appeal has been preferred on behalf of the owner.;