- (1.) THIS appeal under clause 15 of the Letters Patent is directed against the judgment and order dated July 5, 1965, made in Civil Rule No. 197 (W) of 1972, by Binayak Nath Banerjee J. , whereby the Rule was made absolute.
(2.) THE Ukhara Forests and Fisheries ltd. , (hereinafter referred to as the said Company), was a private limited company incorporated under the Indian Companies Act 1913, having its registered office at Ukhara, Burdwan and at the time relevant for the connected rule, the same became a public company under section 43a of the Companies Act, 1956, as introduced by the Indian Companies (Amendment) Act, 1960. The objects of the said Company were, inter alia to acquire forests, waste lands, tanks, jheels etc. , on lease, purchase or otherwise and to carry on business of afforestation and of planters, growers, exploiters of forest and forest produce and making such produce marketable and of selling and exporting the same and further to improve the tanks, jheels etc. , to carry on the business of prosecutor and business of fish and fish products. It has also been contended that the object of the said Company was also to acquire by lease lands covered by forest, forest lands, forest waste lands and also tanks and jheels etc. , from the Ukhara Estate Zamindaries Ltd. , Burdwan.
(3.) THE said Company was granted a lease for 999 years by a registered document dated February 20, 1954, by the Debattor Estate known as "ukhara Estate Debattor" for the purpose of working the private forests and forest lands in C. S. Plot Nos. 458, 475, 477, 473, 491, inter alia amongst others (herein-after referred to as the said lands), measuring more or less 98. 91 acres in Mouza Bonsol, J. L. No. 49, P. S. Faridpur, Burdwan under the working plan prepared in accordance with the West Bengal Private Forests Act and as approved by the Regional Forest Officer, Burdwan. Since then, it has been stated that the said Company was in possession of the said lands and was working on them in accordance with the working plan as approved in 1951. It further appears that the status of the said Company in respect of the said lands was recorded as "dakhalikar" and the same was in peaceful possession and enjoyment of the said lands and the trees standing thereon. Such status, on a reference being made, was also duly determined by the Director of Land Records, West Bengal and furthermore the lease in question which was of February 20, 1954, was also held to be a valid and genuine one, in an enquiry held under section 5a of the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the said Act ).;