On the 20th January, 1848, Muni Bibi by an arpannama dedicated 140, Cotton Street, to the Thakur.
On the 17th November, 1933, Naba Kishor assigned the mortgagees interest in the mortgaged properties to two of the Bagarias, respondents 1 and 2 in appeal No.
In the same year, on the 8th December, Jiban Kumari granted a permanent lease to Bhairo das Johurry, in respect of the premises known as 141, Cotton Street at a rental of Rs.
31,740 as companypen sation for landlords interests, to be shared by the deity as owner and two of the Bagarias, respondents Nos.
On the 22nd May, 1935, the Collector awarded Rs.
This deed provided among other things that the mortgagee was to companylect rents, outgoings, carry on the sheba of the deity, and that whatever balance was left out of the income of the property was to go towards the satisfaction of the mortgage dues.
Meanwhile, Deosaran Singh and Ram Lakshman Singh, who had put in claims as shebaits, retired from the companytest, and the President of the Tribunal appointed one Narendra Nath Rudra as the next friend of the deity to represent and protect its interests.
20 p.m., and that if this amount was included in the expenses for the sheba etc.,
In these proceedings, the following claims were put forward by three sets of persons The Bagarias respondents 1 to 3 in appeal No.
95 in their capacity of usufructuary mortga gee, and awarded a sum of Rs.
On attaining majority, Gopaldas executed on the 17th January, 1896, a usufructuary mortgage deed in respect of all debutter properties includ ing the Cotton Street houses in favour of Lal Behari Dutt for paying the previous mortgage dues which amounted on that date to Rs.
95 at first claimed the entire amount of companypensation on the allegation that they were the absolute owners of the prem ises in question, but later on they claimed only as mortga gees and permanent lessees of those premises.
Both Jiban Kumari and Gourimoni Debi died shortly afterwards, and Gopal Das, a minor son of Gourimoni, became the shebait of the idol.
31,740 should be paid to the deity.
About 20 years later, on the 30th September, 1869, Muni Bibi created a permanent maurasi mokrari lease of the premises bearing No.
Two appeals were thereafter preferred to the High Court by the two main companytesting parties and ultimately both these ap peals were dismissed, and the High Court upheld the decision of the Tribunal.
Muni Bibi and Jiban Kumari also became the she baits of the Thakur or deity with power to appoint their successors.
Respondent No.
141, Cotton Street.
CIVIL APPELLATE JURISDICTION Appeals from judgments and decrees of the High Court of Judicature at Calcutta dated 25th August, 1943, in First Appeals Nos.
The land acquisition proceedings, which have given rise to these appeals, were started about the year 1934 in respect of the premises bearing Nos.
Respondents 1 to 3 however were held entitled to the sum of Rs.
4,955 and odd.
These premises belonged at one time to one Sewanarayan Kalia, and afterwards they became the property of a deity, Sree Sree Iswar Gopal Jieu Thakur, installed by Sewanarayan Kalia at Chinsurah in the district of Hoogly.
Subsequently, the present appeals were preferred to this Court, the deity having obtained a certif icate granting leave to appeal from the High Court, and the Bagaria respondents having obtained special leave from the Privy Council to prefer a cross appeal.
Gopaldas died in 1900, leaving behind him surviving his widow, Annapuma, who also died in 1905.
In the present appeals, we are companycerned with the first two claims only, and we shall briefly state how they were dealt with by the Collector and the companyrts below.
1, 2 and a as companypensation for their rights as perma nent tenants of the premises in question.
95 and appellants Nos.
N. Mukherjee, for respondent No.
140 and 141, Cotton Street, as well as two adjoining premises with which we are number companycerned in this case.
He held that the usufructuary mortgage, on the basis of which re spondents 1 and 2 had put in a claim, had been paid off and therefore they were number entitled to any companypensation, and the whole sum of Rs.
On the 23rd August, 1836, these persons executed a deed of solenama which was in the nature of a family arrangement, by which the remainder of the estate of Sewanarayan i.e., what was left after excluding the dedicated properties was divided in the terms of his will, with the result that Muni Bibi got subject to certain companyditions, among other properties, the premises described as 140, Cotton Street, and Jiban Kumari got the companytiguous premises, No.
On behalf of the deity, the entire amount of companypen sation money was claimed by Deosaran Singh and Ram Lakshman Singh, who alleged themselves to be shebaits, on the basis that the premises in question were debutter properties of the deity, and the Bagarias had acquired numberinterest therein either by the assignment of the usufructuary mortgage or the alleged purchase of the tenants rights in the properties.
140, Cotton Street, in her capacity as a shebait in favour of one Nehal Chand Panday who was admittedly a benamidar for one Bhairodas Johurry , at a rental of Rs.
of the deity every month, the provision made by her deceased husband may remain in force.
95 and respondent in Civil Appeal No.
90 p.m. See exhibit K a kabuliy at executed by Johurry in favour of Jiban Kumari .
The judgment of the Court was delivered by FAZL ALl J. These appeals are directed against the judgment and decree of the High Court of Judicature at Fort William in West Bengal, companyfirming a decision of the Presi dent of the Calcutta Improvement Tribunal, which modified an award of the First Land Acquisition Collector of Calcutta, made under the Land Acquisition Act in respect of the acquisition of two premises, which may companyveniently be referred to as Nos.
95 and 96 of 1949.
20 and 173 of 1939 which arose out of a decision of the President of the Calcutta Improvement Tribunal in Case No.
95 of 1935.
30 p.m., that after deducting the necessary expenses the surplus income left was Rs.
95 of 1935 in the Court of the Calcutta Improvement Tribunal.
Subsequently, 3 separate petitions of reference were filed by the a claimants against the Collectors award and the reference made by the Collector in pursuance thereof was registered as apportionment case No.
2,230.
1 to 3 in Civil Appeal No.
of the deity, when the amount fell short, this being against the provisions laid down by her late husband, that the house known as 140, Cotton Street, having been let out, was yielding a rent of Rs.
Panchanan Ghose Upendra Chandra Mullick, with him for the appellant in Civil Appeal No.
4 claimed companypensation as a lessee for 99 years on the basis of a lease alleged to have been given to him by the original landlords.
1,58,000 to the respondents Nos.
Sewanarayan, who had three wives, died in 1836, leaving behind him his third wife, Muni Bibi, two daughters by his predeceased wives, these being Jiban Kumari and Amrit Ku mari, and a mistress named Kissen Dasi.
The main question which has been raised in this case is whether the two ladies were companypetent to give debutter properties by way of permanent lease to another person.
Civil Appeals Nos.
It is recited in this deed, among other things, that on account of annual droughts and inundation and companysequent diminution in the produce of the lands, certain properties dedicated to the sewa of the deity had been sold for arrears of revenue, that Jiban Kumari had been making advances from her private funds for the expenses of jatra, mahotsob etc.,
After the death of Raghubar Dayal one Ajodhya Debi and after her one Kalicharan Dutta became the certificated guardian of Gopal Das, and, on the 17th August, 1890, the latter mortgaged some debutter properties including 140and 141, Cotton Street, to Lal Behari Dutt for a sum of Rs.
In 1870, Muni Bibi died, and, on the 15th January, 1872, Jiban Kumari ap pointed Gourimoni Devi a shebait by a registered deed and dedicated the premises known as 141, Cotton Street, to the deity.
140 and 141, Cotton Street.
1 and 2 in appeal No.
In order to understand the points of companytest between the various claimants to the companypensation awarded in the case, it seems necessary to refer to certain facts showing how they came to be interested in the premises which are the subject matter of the land acquisition proceedings.
25 p.m. See exhibit L a kabuliyat executed by Nehal Chand in favour of Muni Bibi .
By 1918, Lal Behari Dutt also was dead, and his interest in the mortgaged properties, to which reference has been made, was sold to one Naba Kishor Dutt on the 12th December, 1918.
95, and m the same year the three respondents 1 to 3 also acquired the lessees interest in the Cotton Street houses.
1 to 3 in Civil Appeal No.
During his minority, his father, Raghubar Dayal, became his certificated guardian, and, in that capacity, he executed a usufructuary mortgage deed in respect of the Cotton Street properties to one Lal Behari Dutt, on the 31 August, 1878.
On the 31st August, 1938, the President of the Tribunal gave his decision, by which he substantially upheld the award of the Collector, but modified it in one respect only.
4 in Civil Appeal No.
March 14.
P. Sinha Nagendra Nath Bose, with him for respond ents Nos.
