Judgment

VAIDIALINGAM, J.: This appeal by special leave by the State of West Bengal is directed against the judgment and decree dated September 9, 1963 of the Calcutta High Court dismissing the cross-objections filed by the appellant in appeal from original decree No. 111 of 1954.

2. The dispute between the parties in this appeal relates to the title to the compensation amount awarded in the land acquisition proceedings to the site of Dalhousie Institute building, premises No,. 34 Dalhousie Square. There is no dispute about the amount of Rs. 7,45,640/- awarded as compensation for the land. The appellant claimed the entire amount as being payable to it whereas, on the other hand, the respondent Dalhousie Institute Society (hereinafter to be referred as the Institute) claimed the amount for itself, Therefore, the question of title to the land which is in controversy between the appellant and the respondent has to be decided and on that will depend the right of the party entitled to the compensation amount.

3. Originally the properties acquired under the West Bengal Land (Requisition and Acquisition) Act II of 1948 (hereinafter to be referred as the Act) were No. 34 Dalhousie Square and