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1959 Supreme(Cal) 28

S.C.LAHIRI, A.N.RAY
STATE OF WEST BENGAL – Appellant
Versus
KESSON CHAND KOCHER – Respondent


Advocates Appeared:
Guru Prasad Ghose, MOHANLAL DEV, NAGENDRA MOHAN SHAH, P.N.MITTER, PRAFULLA KUMAR ROY, SOMENDRA C.BOSE, SUSHIL CHANDRA BANERJI

LAHIRI, J.

( 1 ) THE decision of these four appeals turns on a single question and that is whether the State of West Bengal is bound by four compromise decrees passed by the Supreme Court on the 2nd March, 1954, although it was not a party to any of them. The facts upon which this question arises are not in dispute and are as follows:

( 2 ) ON divers dates in the years 1938 and 1939, certain plots of land together with structures and trees standing thereon were acquired by the Land Acquisition Collector for the Calcutta Improvement Trust. Four land acquisition cases were started for the acquisition of these four plots of land. There were two grounds of rival claimants for compensation: (a) the landlords who may be collectively described as the Kochers and (b) the tenants who may be collectively described as the Mitras. In respect of the lands which formed the subject-matter of the acquisition the Collector made joint awards in favour of the landlords and tenants. Against the awards of the Collector the Kocher landlords filed applications for references disputing the amount of compensation and also claiming the entire amounts for themselves to the exclusion of the tenants. Those ap







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