( 1 ) THIS appeal hat been referred to the Special Bench by a Division Bench consisting of P. N. Mookerjee and Amiya Kumar Mookerji, JJ. under Part I, Chapter II, Rule 1, Proviso (ii) read with Chapter VII, Rule 2 of the Appellate Side Rules. The point of law which induced the learned Judges of the Division Bench to refer the appeal to the Special Bench is as follows:--Whether, in the case of a tank fishery, (that is, a tank which is being used for pisciculture or for fishing), where the right of pisciculture or fishing is, at the date of Vesting under the West Bengal Estates Acquisition Act, held under a lease from the owner intermediary, Section 6 (2) proviso Of the Act will have any application, and, if so, what will be its effect and what will be the rights of the particular intermediary and the particular lessee in respect of the said tank fishery including the right of pisciculture or fishing under the relevant provisions of this Statute, namely, Sections 5, 6 (1) and 6 (2) including the proviso.

( 2 ) IN order to consider the said point and the respective contentions of the parties it is necessary to state the facts of the case. The disputed tank belonged to