Judgement

BHAGWATI, J- This appeal with special leave arises out of a judgment of the Assam High Court in Revenue Appeal No.33 (m) of 1955 and Civil Rule No 76 of 1955.

2. The State of Assam Respondent No.3, had settled the Charduar Brahmaputra Fishery with the respondent No.1 for a period of 3 years, viz., from 1st April 1954 to 31st March 1957 at an annual zama of the Rs. 19,000 under R.12 of the Fishery Rules. The Deputy Commissioner of the Darrang respondent No. 2 received some reports against the respondent No. 1 alleging violation of Cl. VI of the Fishery lease and also of certain other conditions of the lease. He obtained reports from the Sub-Deputy Collector and the Extra Assistant Commissioner in regard to these allegations and came to the conclusion that respondent No. 1 had created underlease in favour of certain persons and cancelled the settlement of the fishery. It appears that after such cancellation Respondent No.3, purporting to act again under R. 12 settled the said fishery with the appellant with effect from 4th May 1955, and Respondent No.1 was directed to give up possession thereof with effect from that date. Respondent No. 1 thereupon obtained a Rule from the A