But there was numberregistered deed or any document at all in respect of the said alleged lease The appellant State relied on the said entry and the said receipt for its case that the tank was under a lease for a period of 9 years and the said Sabas were in possession as lesses thereof.
Section 4 of the Act empowers the State Government to declare by numberification that with effect from the date therein mentioned all estates and the rights of every intermediary in each such estate situated in the district specified in the numberification shall vest in the State free from all incumbents.
The maintenance of the deity and expenses companynected with her seba nuia are met from the income and usufruct of the tank.
Under Section 5 1 a , upon the numberification Under Section 4 and from the date of vesting, the estates and the rights of intermediaries therein, to which the declaration Under Section 4 applies shall vest in the State, and under Clause c of Section 5 1 , every number agricultural tenant holding any land under an intermediary shall hold, subject to the provisions of Section 6 3 the same directly under the State, as if the State had been the intermediary, on the same terms and companyditions as immediately before the date of vesting.
The Revisional Record of Right under the Act also described the tank as the absolute debuttar property of the deity.
The last District settlement Record recorded the interest of the deity in the said tank and described it as a rent free tenure.
60/ a year.
A receipt issued by the respondents also stated that the tank had been leased for a period of nine years i.e., from 1358 B.S. to 1366 B.S., at the rate of Rs.
If the Sabas were the lessees, as was the case of the State, they would be number agricultural tenants of the deity, an intermediary and under the companybined effect of Sections 4, 5 1 a and c would become the direct tenants of the State.
It came into force on February 12, 1954.
The Act was passed with the object of companypulsory acquisition by the State of estates and all rights of intermediaries therein.
M. Shelat, J. This appeal, by special leave, arises out of proceedings Under Section 44 2a of the West Bengal Estates Acquisition Act, 1 of 1954 hereinafter referred to as the Act and companycerns a tank fishery known as Napukar situate in Mauza Kandi, District Murshidabad.
The tank is the absolute debuttar property of the deity known as Iswar Sri Sri Saradia Thakurani, of whom the respondents are and have at all material times been the shebaits.
