SM INDUMATI DEBI, W/O THAKUR SHIW SUNDAR SINGH Vs. TULSI THAHURANI

JUDGEMENT

(1.) This rule is directed against an order made by the President of the Calcutta Improvement Tribunal rejecting the petitioner's application to be added as a party to an apportionment case pending before the tribunal. The material facts lie within a brief compass and are for the most part undisputed. Premises No. S3, Cockier Lane was acquired by the first Land Acquisition Collector, Calcutta, in connexion with scheme No. 47 of the Calcutta Improvement Trust and a sum of Rs. 9573 and annas odd was settled as compensation, in respect of which a joint award was made in favour of three persons who are the three opposite parties in the rule. There was a dispute between these three persons as regards their right to the compensation money. Opposite party No. 1 claimed the entire compensation as the sole surviving daughter and heiress of one Yasoda Debi to whom the premises admittedly belonged. Opposite parties, Nos. 2 and 3, on the other hand, contended that they were entitled to a half share of the compensation money as sons and heirs of one Rajabala, a sister's daughter of opposite party No. 1, who got a moiety share in the acquired premises on the basis of a compromise with the latter. The Collector acting under Secs.30 and 31(2), Land Acquisition Act, sent the compensation money to the Calcutta Improvement Tribunal and referred the dispute to that Court.

(2.) The petitioner is a daughter of Rajabala and it is said that she received no notice under Section 9, Land Acquisition Act, nor was she aware of the proceedings before the Collector. Her case is that a moiety share of the premises acquired, which belonged to her mother Rajabala devolved on her to the exclusion of opposite parties Nos. 2 and 3 and that she - and not opposite parties Nos. 2 and 3 - was entitled to half of the compensation money. She came to know of the reference case pending before the Improvement Tribunal after issues were framed in that case and on 4 September 1940 she made an application before the tribunal praying that she might be added as a party to the proceeding. The President of the tribunal rejected the application on the ground that the addition of a party at that stage would enlarge the scope of enquiry. It is the propriety of this order that is challenged before us in this rule. Mr. Chakravarty who appears in support of the rule has argued before us that it is necessary and proper to add his client as a party to the apportionment case as that would enable the tribunal to deal effectively and completely with all matters in controversy in the case and that the learned President was in error in thinking that the scope of the enquiry would be enlarged in any way. Mr. Ramaprosad Mukherjee who appears for the opposite parties has contended, on the other hand, that apart from the fact that the addition of a party at this late stage would introduce a new and complicated question of title, the tribunal had no jurisdiction to make the petitioner who was not a party to the proceedings before the Collector a party to the apportionment case.

(3.) This identical point came up for consideration before a Division Bench of this Court in Prabal Chandra V/s. Peyari Mohun ( 08) 12 CWN 987 and it was held by Maclean C.J. and Doss J. that the Land Acquisition Court had no jurisdiction to deal with objections except those which were made by persons who were parties to the proceedings before the Collector and which brought about the reference. In this case also, there was a reference made by the Collector under Section 30, Land Acquisition Act, and the respondent, who was not a party to the proceedings before the Collector and consequently had made no objection to the award, was made a party to the reference on his own application by the Land Acquisition Court. The order of the Court making him a party was discharged and the compensation money was directed to be paid to the appellant without prejudice to the rights of the respondent who was treated as not being made a party to the proceedings at all. The learned Chief Justice in course of his judgment relied, amongst others, on two earlier decisions of this Court which are to be found in Abu Bakar V/s. Peyari Mohun ( 07) 34 Cal 451 and Govinda Kumar Roy v. Devendra Kumar ( 08) 12 CWN 98 to both of which he was a party. It is true that in both these cases the reference was made under Section 18, Land Acquisition Act, and not under Section 30 and in the earlier case in Abu Bakar V/s. Peyari Mohun ( 07) 34 Cal 451 there was no question of addition of a party. The respondent in that case was, in fact, a party to the proceedings before the Collector but he raised an objection before the Land Acquisition Court which he did not raise before the Collector. It was held that the Court could not go into a question raised for the first time by a party who had not referred any question or any objection to it under Section 18, Land Acquisition Act.