Subsequently the Act was amended by introducing section 5A therein with retrospective effect from 5 5 1953, the date prior to that on which the bill, which later became the West Bengal Estates Acquisition Act, was published in the Gazette.
This appeal has been filed in pursuance of the special leave granted by this Court.
Under that Act, the main provisions of which, in so far as they are relevant for the purposes of this appeal, we shall refer to later, the estate vested in the State on 14 4 1955.
The appellant appointed himself as the trustee.
The appeal against this decision to the Special Judge failed and so also a petition filed before the High Court under Art.
The West Bengal Estates Acquisition Act, 1953 came into force on 12 2 1954.
11 19 of 1962.
Appeal by special leave from the Judgment and Order dated the 23rd May, 1967 of the Calcutta High Court in Civil Rule No.
227 of the Constitution.
On October 12, 1953 the appellant executed a document whereby a half share in a part of the estate was set apart exclusively for the purpose for which the charge had been created earlier, and the rest of the property was to be treated as absolutely free and absolved from the claims in respect of the religious and charitable purposes.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Purshottam Chatterjee and Ganpat Rai for the appellant.
K. Chakrabarty and G. S. Chatterjee for the respondent.
The Judgment of the Court was delivered by ALAGIRSWAMI, J. Gobinda Prasad Pandit, the founder of the Searsole Raj Estate died in the year 1861 leaving a will.
After an enquiry the Settlement Officer held that the document executed by the appellant on October 12, 1953 was number bona fide.
In 1928 the appellant, his brother and their father who succeeded to the estate executed an arpannamah in favour of the family deity reiterating the charge created by Gobinda Prasad Pandit.
After his death in a suit between his widow and certain other claimants regarding the title to the estate it was held that a charge had been created upon the entire estate for the maintenance and seva puja of the family deity and for the performance of certain specified charitable purposes.
1838 of 1967.
