( 1 ) THIS appeal is directed against an order of Banerjee, J. dated June 22, 1965, rejecting the appellants application for a Rule Nisi in a petition under Article 226 of the Constitution. The only question in this appeal is if in the facts hereinafter stated, a Rule Nisi should be issued.

( 2 ) THE appellant is the grandson of the late Khan Bahadur Shamsul Alam, who held the office of Deputy Superintendent of Police, and who was assassinated in 1910 while appearing for the prosecution in a political case. In recognition of his services and for support of the dependent members of his family, the then Government of India granted a Jaigir in respect of certain mouzas in the District of Murshidabad. By a sanad dated June 10, 1912, the grant of the jaigir was made to the widow of me late Khan Bahadur, the grandmother of the appellant, the grant being limited to her eldest male descendant. The appellant as the eldest surviving male descendant field the said Jaigir until the happening of the events hereinafter stated. The West Bengal Estates Acquisition Act, 1953, (hereinafter referred to as the Act) provided by Section 4 thereof, for the issue of a notification by the