Judgment

VAIDIALIGAM, J.:- These three appeals, by special leave, are directed against the common judgment and order dated August 18, 1966 of the Calcutta High Court dismissing Civil Rules Nos. 1827 (F) to 1829 (F) of 1966, which were applications filed by the appellant under section 5 of the Limitation Act 1963, to excuse the delay in filing three appeals against the decision of the Additional District Judge, Howrah, dated June 27, 1963, in three Land Acquisition Reference Cases.

2. In this judgment we are referring the ranks of the parties as in Civil Appeal No. 821 of 1968. The first respondent is the Howrah Municipality. The second respondent had taken a lease of about 21 bighas 9 Kotas of land from the first respondent and respondents Nos. 3 and 4 have taken a sub-lease from the second respondent of the said area.

3. The circumstances leading up to the order of the High Court may be stated; About 41 bighas of land situated in Salkia at Howrah were acquired by the Government of west Bengal for the purposes of utilising the same as market place at Howrah After the acquisition, the entire land was placed at the disposal of the first respondent the Municipality. Howarh on the specific condition that the said land was to be used for establishing a public market and that it would not be used for any other purpose without the permission of the Government according to the appellant there was also an agreement that the land would be resumed in the event of a public market not being established within a reasonable time In or about 1952, the first respondent passed a resolution leasing out an extent of about 21 bighas and 9 kotas, from and out of the above land, in favour of the second respondent and communicated the said resolution to the appellant on February 12, 1953. The first respondent executed a lease deed on March 27, 1953 in favour of the second respondent in respect of 21 bighas and 9 kotas. The second respondent in turn sub-leased to respondents 3 and 4 the entire land taken on lease by him from the first respondent. On April 12, 1954, the appellant passed an order under Section 586 (1) of the Begla Municipalities Act, 1932, annulling the resolution of the first respondent, dated November 28, 1952. The first respondent called upon the second respondent to surrender possession of the property, which led to the latter instituting title suit No. 15 of 1959 against the Municipality and the appellant for a declaration that the lease in his favour in valid and the order of the Government dated April 2, 1954 annulling the resolution of the Municipality is illegal and void. The first respondent in turn filed title suit No. 10 of 1959 against the second respondent for recovery of possession of the property together with mesne profits.

4. In the meanwhile the appellant issued two notifications under Section 4 of the Land Acquisition Act. in November, 1955 and March 1966, regarding the acquisition of 8. 44 acres if land comprised in 41 bighas and odd of land given to the Municipality for putting up a public market. It also included a part of the land leased by the first respondent to the second respondent, who in turn had sub-leased them to the respondents Nos. 3 and 4. The Land Acquisition Collector in June, 1958 passed an Award in favour of respondents. Nos. 1 to 4.

5. Out of the said Award three References arose under Section 18 of the Land Acquisition Act, being Miscellaneous Cases Nos. 21 and 40 of 1958 and 13 of 1959. The respondents Nos. 1 to 4 made claims for increased compensation and also claimed exclusive title.

6. On March 10, 1959 the appellant filed title suit No. 16 of 1959 against the respondents Nos. 1 and 2 for recovery of possession of 41 bighas of land. The said suit was later on renumbered as Title Suit No. 34 of 1961. The There is no controversy that during the pendency of the suit, the second respondent was struck off from the array of defendants. This title suit was instituted by the appellant for recovery of posse