CHAKRAVARTTI, C. J.

( 1 ) THE ground on which Sinha J. made the order appealed from in this case makes one examine the foundations and the extent of the rule that no one can be allowed to take the law into his own hands.

( 2 ) THE facts are as follows: The area of land known as the Western Duars and now included in the Jalpaiguri District belonged originally to Bhutan, but was ceded by that country to the British Crown in 1865. At the time of its cession, the area was mostly a tract of forest land and only a small part of tt was under cultivation. The Jotes in respect of the cultivated area which were existing at the time came to be described as 'old mal jotes' and to them the Bengal Tenancy Act was made applicable to a limited extent. In course of time, further lands came to be settled and when leases of such lands were granted under the Waste Lands Rules of 1875, they were granted in the same form as teases of the old mal jotes. Leases of old mal jotes were renewable in a form which is now set out as Form F in the Bengal Waste Lands Manual, 1936. As the terms and conditions of the new leases granted under the Rules of 1375 were the same, Form F waa adopted for their renewal as well which created the misleading impression that they too were old mal jotes. Leases granted under later rules were made renewable in other forms and are therefore distinguishable; but because the same renewal form was used for old mal jotes and jotes created under the Rules of 1875, the distinction between them disappeared.

( 3 ) THE respondents are the sons and heirs of one Mahendra Nath Basunia who obtained a lease of a jote situated in the Western Duars at some date in the past. It was what is now Jote No. 475, appertaining to Khatian No. 77 of Mouza Purba Baragila, Police Station Nainaguri, District Jalpaiguri and comprised an area of 112. 56 acres. The lease was renewed from time to time and the last renewal took place on 1/4/1935 when it was renewed for a period of 20 years ending on 31/3/1955. The renewal was in Form F which contains in Clause 15 the following condition:"if any of the lands covered by this lease be required for a public purpose, the Deputy Commissioner shall be entitled to resume the same and at once to take possession thereof. You will be granted an abatement of rent for all lands as resumed, calculated on the basis of the classification and rates by which your rent has been assessed. Compensation for building, standing crops or trees, for which a valuation had been paid to Government, will be awarded to you by the Deputy Commissioner, but no compensation is due to you for the land itself. "

( 4 ) IT is now a historical fact that in 1950, after serious and wide-spread disturbances in Eastern Pakistan, a very large number of persons migrated from that country into the State of West Bengal. The Government of this State found large bodies of those displaced persons wandering about helplessly in the boarder district of Jalpaiguri and considered it their duty to come to their assistance and settle them. But land was required for that purpose. Government decided that they would find the necessary land by exercising their right of resumption in respect of jotes which had been settled under leases reserving to them such right. Accordingly, proceedings were started for the resumption of the lands of Jote No. 475 and other similar jotes, wholly or in part. In respect of Jote No. 475, the Deputy Commissioner of Darjeeling issued a notice on Mahendra Nath Basunia on 12/2/1951, by which he was informed of Government's intention to resume 54. 43 acres of land out of the area of the jote for the rehabilitation of refugees from East Bengal and called upon to prefer his objections, if any, before the 28th of February next. Mahendra Nath was dead at the time, but the Tespondents accepted the notice as his sons and heirs and filed a petition of objection on 26/2/1951. As the matter was going to be a contested one, a regular resumption procee

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