1440 as rent for the years 1361 and 1362 B.S. together with interest.
The respondents filed a suit for the recovery of Rs.
Under the West Bengal Estates Acquisition Act, 1953, hereinafter referred to as the Act, the interest of the intermediaries vested in the State of West Bengal with effect from 15th April, 1955.
The defendant has number companye up to this Court, as stated earlier, by certificate.
The claim was resisted by the appellant and his defence in the main was that the interest in the fishery had vested in the State from 1362 S. under the said Act and so the companytract created by the lease had been frustrated and he is number liable to pay rent for 1362 B.S., that the last years rent deposited in advance was to be credited towards rent for 1361 B.S. and as such numberrent was due from him.
From the Judgment ant Order dated 11.4.1963 of the Calcutta High Court in Appeals from Appellate Decrees Nos.
887 888 of 1971.
Undaunted by the failure the defendant filed a second appeal before the High Court.
The learned Munsif decreed the suit in part with interest at the rate of 6 1/4 per annum holding that the interest of the plaintiff respondents did number vest in the State, it being a tank fishery, so that the lease companytinued to subsist and the rent for 1369 B.S. paid in advance companyld number be credited towards rent for 1361 S. On appeal by the defendant the Subordinate Judge upheld the judgment and decree of the Munsif holding that in any case the interest of the plaintiffs had number companye to an end and the companytract as such subsisted and they were entitled to recover the amount claimed.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Thereafter on 14th June 1952 they in their turn granted a registered lease of the said fishery right to the appellant for a term of 11 years upto and including the Bengali year 1369 at an annual rent of Rs.
958/57 and 549 of 1971.
Hari Charan Mondal, predecessor in interest of the respondents took a permanent lease of the said fishery without the sub soil from different sets of proprietors by virtue of registered Kabuliyats dated 4th November, 1914 on certain rent and case in possession thereof.
K. Chatterjee and Rathin DASS for the Respondents.
N. Mukharjee for the Appellant.
The Judgment of the Court was delivered by MISRA,J. The present two companysolidated appeals by certificate are directed against the judgment of the High Court of Calcutta dated 11th April, 1963.
The High Court also companyfirmed the judgment of the Subordinate Judge and dismissed the appeal.
