Judgement

Appeal (No. 41 of 1926) from a decree of the High Court (March 12, 1925) varying a decree of the Subordinate Judge of 24 Parganas.

The deceased father of the respondents had been proprietor of a parcel of land, and had built upon it a residential house.

In 1919 the land was sold under Act XI. of 1859 for arrears of revenue. The appellant was the auction purchaser, and a sale certificate was issued to him. In 1920 proceedings were taken for the acquisition of the land under Act I. of 1894, and the sum awarded included Rs. 12,388 in respect of "structures." The appellant claimed that sum as purchaser, but was referred to the Civil Court; he accordingly brought the present suit.

The Subordinate Judge made a decree for the whole sum. On appeal to the High Court the decree was varied, it being decreed that out of the total sum awarded for "structures," the sum of Rs.2300 should be deducted and that the present respondents were entitled to the balance.

The facts and the basis of the decree appear from the judgment of the Judicial Committee.

1927. Feb. 14, 15. Sir George Lowndes K.C. and Dube for the appellant. Ben. Act VII. of 1868, which defines the " estate " which is sold un