( 1 ) THIS is an appeal arising out of an order of P. K. Banerjee, J. , dated 21st of September, 1970. On the 5th of December, 1870, by a conveyance the Secretary of State of India in Council conveyed about 200 Bighas of land commonly known as Dhapa to the Justice of Peace for the town of Calcutta for conservancy of the City of Calcutta. In or about 1880 the said Dhapa Dumping Ground was thereafter leased out to Bhabanath Sen, the predecessor-in-interest of the Sens, the respondent to the present appeal, in consideration of the lessees agreeing to pay the rent partly in cash and partly by doing work of unloading refuse wagons at their own costs and expenses. Since thereafter the Sens and their predecessors-in-interest were holding a substantial portion of the said Dhapa land popularly known as "dhapa Square Mile" as lessees under the Corporation of Calcutta. On the 29th of July, 1909, the lease was renewed for a further period of 22 years. Thereafter by a resolution the lease was extended upto 31st of December, 1930. Prior to 31st December, 1930 the District Survey and Settlement operations were undertaken in the area and the Assistant Settlement Officer he