Kolkata Court April 1942 Judgments
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The Province of Bengal Vs. Maulvi Md. Yusuf and anr.
Court: Kolkata
Decided on: Apr-01-1942
Reported in: AIR1943Cal122
R.C. Mitter, J.1. This appeal is directed against the judgment of the Special Land Acquisition Judge passed on a reference made under Section 18, Land Acquisition Act. The question in the appeal is whether the whole of cadastral plot No. 3127 of mouza Baghail or only the northern portion thereof as depicted in the plan referred to in the declaration made under Section 6 of the said Act has been acquired. The award made by the Collector under the Act is in respect of the whole of the said plot, but that fact is not of great importance, for, it is admitted by both parties, and that is also the law, that the Collector cannot acquire land which is not covered by the declaration under Section 6 of the Act, as published in the Official Gazette : Gajendra Sahu v. Secretary of State ('08) 8 C.L.J. 39 and Harish Chandra Neogy v. Secretary of State ('07) 11 C.W.N. 875. The question involved in this appeal therefore depends upon the construction of the declaration made under Section 6 of the Act....
Nawab Khajeh Habibullah and ors. Vs. Babu Ananga Mohan Roy and ors.
Court: Kolkata
Decided on: Apr-01-1942
Reported in: AIR1942Cal571
R.C. Mitter, J.1. The subject-matter of the suit and the appeal is eight annas share of a permanent garmukorari tenure called taluk Biswanath Roy. The plaintiffs-appellants are the superior landlords of that tenure to which admittedly the Bengal Tenancy Act applies. Two persons, Abinash Chandra Roy Chowdhury and Kiranbala Chowdhurani were the tenure holders. Abinash executed a will (Ex. 11, II-1) on 10th July 1909 and died shortly thereafter. He had married twice. By his first wife, who predeceased him, he. had a son named Abani. Ananga is the only son of Abani. His second wife who survived him was Rumudini. She was child. less. By his will Abinash disinherited his only son Abani, and made his second wife executrix. He gave the whole of his estate, moveable and immovable including his eight annas share in the tenure taluk Biswanath Roy to her in the first instance and made provisions for the devolution of his whole estate after her death. His grandson, Ananga, was to take that estate, ...
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