in the appeal by the 1st respondent society before the additional district judge the only points urged for determination were 1 whether the said acquisition proceedings were mala fide and in fraud of the act and therefore null and void and 2 whether the society was entitled to.
in 1941 the said jostish sur filed a rent suit against sovaram and obtained an ex parte decree against him.
6 and passed the necessary order under sec.
the 1st respondent society filed a second appeal which was heard by a division bench of the high companyrt.
6000/ and also agreed to carry on the said litigation against sovarams widow and son.
an inquiry under s. 5a was held and thereafter on april 18 1951 the government issued the numberification under sec.
the trial companyrt framed five issues but so far as this appeal is companycerned the relevant issue is issue number 3 viz.
appeal from the judgment and decree dated march 4 1960 of the calcutta high companyrt in appeal from appellate decree number 1021 of 1957.
on september 9 1941 the said jotish in execution of the said decree and at an auction sale held thereunder purchased sovarams interest and took possession of the land.
swaika thereafter tried to obtain possession of the land but was foiled in doing so by an injunction obtained by sovarams widow and son the plaintiffs in the said suit.
act in preliminary land acquisition case number 2 of 1945 46 of howrah companylectorate were mala fide and in fraud of the governments powers under the said act and null and void and number binding on the plaintiffs ?
6 did number prove such satisfaction.
raise the contention at the time of the heating of the appeal that the declaration under sec.
while the said suit was pending swaika the first appellant herein purchased from the said jotish his interest in the said land for rs.
swaika then got the education department to move for the acquisition of the said land for a girls high school of which it appears he was the prime spirit.
therefore an attempt was made to.
on this is issue the trial companyrt found that the 1st respondent society failed to establish the allegations as to mala fides and abuse of power under the said act and consequently dismissed the suit.
on december 22 1951 the 1st respondent society purchased the leasehold interest in the said land from sovarams widow and son after their suit was finally disposed of but after the said numberification under sec.
6 was issued.
is the plaintiff entitled to a decree for a declaration that the declaration under section 6 and order under section 7 and proceedings under the l.a.
4 of the land acquisition act in respect of the suit land.
civil appellate jurisdiction civil appeal number 136 of 1965.
on june 27 1945 the said suit was decreed against the said jotish and appeals by him against the said decree both in the district companyrt and the high companyrt were dismissed.
thereafter sovarams widow and son flied a suit against the said jotish alleging that as sovaram had died during the pendency of the said suit the decree passed against him was a nullity and so also the auction sale.
before the high companyrt companynsel for the respondent society raised two contentions as to mala fides and abuse of power and ii that the numberifications under secs.
an injunction against the government taking possession of the said land.
on july 1 1946 the state government issued the numberification under see.
k. bhattacharya m.k.
on september 10 1924 the said goshala sold its leasehold interest in the said land to the 1st respondent society.
the judgment of the companyrt was delivered by shelat j. one arunshashi dasi charu chandra sur and jotish chandra sur were the owners of the suit land admeasuring 1.15 acres situate in rishra municipality west bengal.
on numberember 15 1920 they leased the land to srikrishna goshala.
on september 5 1935 the society sold the said leasehold interest to one sovaram sarma.
4 and 6 were number in accordance with law and were therefore invalid.
v. gupte and d.n.
ghose for respondent number 1.
c. chatterjee g.s.
ghose and p.k.
bose for respondent number 2.
mukherjee for the appellants.
chatterlee and p.k.
the 1st respondent society then filed the present suit against the state of west bengal the said swaika and other members of the managing companymittee of the said school for a declaration that the said numberifications and the proceedings taken thereunder were mala fide and null and void and for an injunction against the government taking possession of the said land.
