( 1 ) THIS appeal from an order of Sinha, J. , relates to the question of the validity of the acquisition for Bharat Sevasram Sangha of about 17 cottahs of land forming part of premises' No. 1-A, Cornfield Road in South Calcutta.

( 2 ) THE appellants along with certain other persons are the lessees in respect of a plot of land being premises No. 1-A, Cornfield Road and premises Nos. 203, 205-A and 2o7-A, Rash Behari Avenue, Calcutta with three houses on the said premises Nos, 203, 205-A and 207-A, Rash Behari Avenue, Calcutta. There was a big tank covering a certain area of the said premises No. 1-A, Cornfield Road and for the purpose of constructing some more houses for the accommodation of the members of the family of the appellants and their deceased brother, the said tank was partly filled up at a huge cost. The plan for construction of the proposed houses at premises No. 1-A, Cornfield Road was sanctioned by the Corporation upon the application of the appellants on I3th May, 1955. Prior to that in 1954 some of the members of the Governing Body of Bharat Sevasram Sangha which is an organisation formed for the purpose of carrying on religious, philanthropic and cha