( 1 ) THIS is an appeal by the defendants the Commissioners of Basirhat Municipality against a judgment of affirmance. The plaintiff instituted a suit on the following allegations. There is a piece of land known as landing ghat near the post office of the town formerly used for coming over to river Ichhamati. This land was being settled temporarily by the municipality to different persons from time to time. The plaintiff took settlement of the land from 1953-54 at an annual rent of Rs. 30/- and on erection of shop room thereon had been carrying on business there. Municipal Commissioners put a notice on March 16, 1956 for settlement of the landing ghat for three years. At the auction held on March 23, 1956 the plaintiff took the land with the highest bid of Rs. 75/-as annual rent and deposited Rs. 45/- on that date. A kabuliat was to be executed within 15 days under the terms of auction. In spite of requests the Commissioners did not supply the plaintiff the particulars and the area of the land and on the contrary informed the plaintiff by a letter dated April 19, 1956 that if the kabuliat was not executed by April 27, 1956 the lease would be cancelled. Even t