Judgment

AYYANGAR, J. :

These appeals are before us by virtue of certificates granted by the High Court under Art, 133(1)(c) of the Constitution and they raise for consideration the question of the proper construction of S. 5(aa) of the West Bengal Estates Acquisition Act, 1953 (West Bengal Act I of 1954) as amended by West Bengal Act XXV of 1957.

2. The relevant facts in these our appeals are analogous and they raise the common question of law which we have already indicated. For the disposal of these appeals it is sufficient therefore to refer to the facts of any one of them. We propose to set out those of Civil Appeal 781 of 1963.

3. The Zamindar of Simlapal in the Collectorate of Bankura entered into a contract with the appellant - Ram Kissen Singh and, by a document dated September 3, 1946, granted him the right to cut the trees in certain demarcated areas of certain forests of the Zamindari on payment of a sum of Rs. 7131.50. Under the terms of the said document the period during which the appellant was given this right to cut trees was to end on April 14, 1955. The appellant started the cutting operations and cut only for the first few years, but thereafter action was taken by