- (1.)THE decision of this rule obtained, under section 25 of the Provincial Small causes Court Act, 9 of 1887 by shrimati Ashrurekha Datta, the principal defendant in a suit for recovery of arrears of rent for a moiety share of a certain fishery, turns on the true meaning of the term intermediary as defined in sec. 2, cl. (i) of the West Bengal estates Acquisition Act, 1953, (1 of 1954), shortened hereafter into "the Act".
(2.)TO the facts first. On May 4, 1901, Lala Nirmal Prakash Nandey granted a pottah in favour of a predecessor of the plaintiff opposite party, diptimay Pal, as respects the tank in controversy, known as Dhopa Pukur, on a rent of Re. 1, annas 2 a year and a premium money (selami) of Rs. 2,204 in a lump. The same day, the aforesaid grantee too executed a kabuliyat in favour of the grantor, Nirmal prakash Nandey, on the same terms. The original pottah is exhibit. A. The certified copy of the kabuliyat is exhibit b. More than 54 years later, to be exact, on September 3, 1955, corresponding to Bhadra 17, 1362 B. S. , Diptimay pal, upon whom had devolved by then" a moiety shere of the tank, granted a bandobast of just that to Staya Charan das for a term, of 10 years from 1362 b. S. to 1371 B. S. on a rent of Rs? 150 a year : Vide, the certified copy of the relative deed, exhibit 2, calling itself a "deed of indenture. " On November 14, 1956, corresponding to Kartick 28, 1363 b-S. , Satya Charan Das, short of money as he was, sold his right, title and interest in the leasehold to Ashrurekha datta, the petitioner before me : Vide the certified copy of the sale-deed, exhibit 1. On such devolutions, about which there is no controversy, Diptimay pal sued Ashrurekha Datta for recovery of arrears of rent of the fishery as respects his moiety share in Dhopa Pukur for half of the year 1364 B. S, and for the whole of the three years : 1365 B. S. to 1367 B. S. , at the rate of Rs. 150 a year, as also for interest at 6 per cent a year. The total claim thereby came to Rs. 525 on account of rent plus Rs. 31-8 annas on account of interest: Rs. 556-8 annas in all.
(3.)DIPTIMAY Pal took care to implead Satya Charan Das also as a party defendant. But he did not contest the suit Ashrurekha did.