( 1 ) THIS Rule, issued on an application under Article 226 (1) of the Constitution, raises an interesting point as to the extent of application of the provisions of the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the said Act) to leases under tea grants made by the Government prior to the said Act.

( 2 ) ON December 9, 1937 the Governor of Bengal granted 1268. 95 acres of land in Touzi No. 410. Pargana - Chengmari, Police Station - Mal, Sub-registry - Moynaguri, District _ Jalpaiguri, commonly known as Malhati Tea Estate or tea lease under Chapter 5 of the Bengal Waste Lands Manual 1936 in favour of Malhati Tea Syndicate Limited for a period of 30 years with effect from April 1, 1932 on yearly rent of Rs. 2,760. 12 as. Some other jote lands were also settled with the said lessee as a part of the said tea estate. It is not in dispute that altogether an area of 1383. 43 acres were being held by the lessee constituting the tea estate under the Government when the said Act came into effect. The term of 30 years having expired, the petitioner to this Court, who came to own the said tea estate by subsequent transfer, obtained a few summary