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1951 Supreme(Cal) 272

BOSE
NIRMAL CHAKRAVARTI – Appellant
Versus
LAND ACQUISITION COLLECTOR, ALIPUR – Respondent


Advocates Appeared:
AMARNATH BANERJEE, Apurbadhan Mukherjee, HEMENDRA NATH LAHIRI, J.MAZUMDAR, N.C.SEN GUPTA

BOSE, J.

( 1 ) THIS is an application under Article 226, Constitution of India, for an appropriate writ for cancellation of an award made by the Land Acquisition Collector of 24 Parganas and of orders for refund of compensation money passed by him and the Subordinate Judge, Alipore, directing the Receiver to whom the compensation money had been paid to refund the same. The facts may shortly be stated as follows: --One Rai Bahadur Dwarka Nath Chakravartty had created a trust in respect of his immovable properties for payment of debts and for distribution amongst the beneficiaries mentioned in the trust. By the said deed the settlor appointed himself and petitioner 1 and opposite parties 4 and 5 as trustees for carrying on the said trust. The settlor died on 6th July 1945, and petitioners 1 and 2 and opposite parties 4 and 5 are the present trustees in respect of the trust estate. Disputes and differences arose amongst the trustees and there was an application made to Court under Section 26, Arbitration Act which was registered as Title Suit No. 70 of 1947 and by an order; dated 12th July 1949, one Kalikananda Mukherjee, opposite party 2, was appointed receiver of the trust estate i











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