Judgment

D. RAJU, J.

( 1 ) ). The above appeals have been filed against the common order dated 18. 4. 1996 in F. M. A. T. No. 3357 of 1992 filed in the High Court by the appellants in cano. 12509 of 1996 and F. M. A. TNo. 3391 of 1992 filed by the State of West Bengal appellant in C. A. No. 442,of 1998, whereunder the Division Bench of the High Court, except for making certain modification of the order of the learned Single Judge and partly allowing the appeals, affirmed the decision so rendered.

( 2 ) ). The West Bengal Estates Acquisition act, 1953 (hereinafter referred to as "the Estates Acquisition Act") came into force on 12. 2. 1954. On 15. 4. 1954, a Notification was issued under Section 4 (1) vesting all estates and the rights of ail intermediaries in the State free from all encumbrances and thereupon the State became the paramount title-holder by virtue of section 5 also. Under Section 6, notwithstanding anything contained in Sections 4 and 5, an intermediary shall be entitled to retain with effect from the date of vesting land comprised in homesteads; land comprised in or appertaining to buildings and structures owned by the intermediary or by any person, not being a tenant