Judgment

SHAH, J.: - On December 17, 1945 Raja Bhupendra Narayan Sinha commenced an action in the Court of the Subordinate Judge. Murshidabad against the Province of Bengal, for an order declaring that he "is entitled to abatement out of the revenue payable by him for Pargana Goas Tauzi No. 623 of the Murshidabad Collectorate on account of resumption of 11 Ferries lying within Huda Alaipur to the extent of Rs. 4800/- per annum" and for a decree "refunding excess revenue realized by the Province of Bengal". Raja Bhupendra Narayan Sinha died during the pendency of the suit and his legal representative Ranendra Narayan Sinha prosecuted the suit. The suit was resisted, after the India Independence Act by the State of West Bengal. The Subordinate Judge decreed the suit. He awarded to the plaintiff a decree for "abatement of revenue" payable by the plaintiff in respect of the estate "bearing separate account No. 523-3 in consequence of resumption by the Government of 11 ferries referred to in the plaint to the extent of Rs. 4800/- per annum", and a decree for Rs. 14,440/- being the amount of revenue recovered during three years immediately preceding the institution of the suit. In appeal