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1952 Supreme(Cal) 216

LAHIRI, GUHA RAY
AJIT KUMAR ADDY – Appellant
Versus
S. M. MAITRA, COLLECTOR, 24-PARGANAS – Respondent


Advocates Appeared:
J.Majumdar, M.K.SARKAR, NIRMAL CHANDRA CHAKRABARTY, SAILENDRA NATH ROY CHOWDHURY

GUHA RAY, J.

( 1 ) THE appellants are the joint receivers of the Auddy Estate, Chetla, who are the settlement holders from the Government in respect of certain Sundarban lands, known as Mouza Sridharnagore in P. S. Mathurapore in the district of 24-Parganas. One of the terms of the lease is that the lessees are responsible for the efficient maintenance of the existing embankments, sluice gates, etc. to the standard which is necessary for keeping the lot under cultivation and it was open to the Collector, in whose favour the lease was executed, to give notice to the lessees calling upon them to remedy the breach of any ' condition including the condition relating to the efficient maintenance of the embankment.

( 2 ) ON 4-5-1950, on receipt of a telegram from a number of cultivating tenants of the said lot, the Collector called for a report from the Assistant Engineer and the report of the Assistant Engineer, printed at page 11 of the paper book, is to the effect that there were several breaches in both the western and southern boundary embankments of village Sridharnagore on 2-5-1950, and the breaches in one of the embankments were being mended, and although the breaches in the ot


































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