RABINDRA MOHAN GHOSH Vs. ANIL MOHAN DEV

JUDGEMENT

(1.) THIS is an application in revision, both under section 125 of the code of Civil Procedure and also under article 227 of the Constitution of India, from a decision of the President of the calcutta Improvement Tribunal, agreed to by the assessors. It arises out of certain land acquisition proceedings, started for the purpose provided in the calcutta improvement Act (Bengal Act v of 1911) which I would hereafter call for convenience, as the Act.

(2.) THE Reference giving rise to the above Ruie, arose before the Tribunal out of acquisition of premises Ho, 15/2a, Chhatawalla Gulle, acquired under C. I, T. Scheme No. 76. On October 9, 1952 the notice under section 43 (2) of the Act was published. The declaration under Section 6 and the notice under Section 9 (1) of the land Acquisition Act (which I would hereafter call for convenience as the l. A. Act) were published nn August 4, 1955 and on May 23. 1956 respectively.

(3.) THE owner of the land was Sri anil Mohan Dey, opposite party No. 1 in the instant Rule. Yulin Cheu was not only the lessee of the land but the owner of the structure on the same. To its adjoining east, is the premises no. 28, Blackburn Lane of which the petitioners are the owners, who were the referring claimants before the Tribunal (calimants (a) to 2 (d ). This blackburn Lane premises was exempted from acquisition on certain terms agreed to between the Trustees for the improvement of Calcutta and the petititioners in a Deed of Agreement (Ext. E) dated May 17, 1958.