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1955 Supreme(Cal) 51

CHAKRABARTI, LAHIRI
STATE OF WEST BENGAL – Appellant
Versus
BIRENDRA NATH BASUNIA – Respondent


Advocates Appeared:
Apurba Charan Mukherjee, DIPTIKANA BOSE

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



























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