Judgment

MISRA, J. :- The present two consolidated appeals by certificate are directed against the judgment of the High Court of Calcutta dated 11th April, 1963.

2. The dispute between the parties centres round a Jalkar fishery right in a tank known as Teremara Jalkar situate in village Chandiguri in the district of 24-Parganas. Hari Charan Mondai, predecessor in interest of the respondents took a permanent lease of the said fishery without the sub-soil from different sets of proprietors by virtue of registered kabuliyats dated 4th November, 1914 on certain rent and came in possession thereof. Thereafter on 14th June 1952 they in their turn granted a registered lease of the said fishery right to the appellant for a term of 11 years up to and including the Bengali year 1369 at an annual rent of Rs. 650/-.

3. Under the West Bengal Estates Acquisition Act, 1953, hereinafter referred to as the Act, the interest of the intermediaries vested in the State of West Bengal with effect froth 15th April, 1955. The respondents filed a suit for the recovery of Rs. 1440/- as rent for the years 1361 and 1362 B.S. together with interest. The claim was resisted by the appellant and his defence in the m