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1972 Supreme(Cal) 51

B.C.MITRA, P.B.MUKHARJI
MALHATI TEA SYNDICATE LIMITED – Appellant
Versus
REVENUE OFFICER, JALPAIGURI – Respondent


Advocates Appeared:
MANINDRA CHANDRA CHAKRAVARTY, P.N.MITTER, PRITISH CHANDRA ROY, UMA PRASAD MUKHERJEE

B. C. MITRA, J.

( 1 ) THE appellant is the owner of a tea garden in the district of Jalpaiguri. On December 9, 1937, the then Governor of Bengal granted a lease of 1268. 85 Acres of land in Touzi No. 410, in the district of Jalpaiguri, commonly known as Malhati Tea Estate, under Chapter V of the Bengal Waste Lands Manual, 1936, in favour of the appellant, for a term of 30 years with effect from April 1, 1932, on yearly rent of Rs. 2760. 12. Some other note lands were also settled with the lessee as a part of the tea estate. On expiry of the term of 30 years, the appellant obtained renewal of the lease from year to year, the last of such renewal having been made in March 1965, for the year 1965-66. Under these yearly renewals, the appellant is entitled to renewal of the lease for a further period of one year or such period as the State Government may think fit, subject to the reservation that the decision of the State Government under Section 6 (3) of the West Bengal Estates Acquisition Act, 1953, hereafter referred to as the Act, would be binding on the lessee. The State Government also retained the right to impose such conditions as it may, from time to time, find it necessary. T
























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