SABYASACHI MUKHERJI, M. M. DUTT

( 1 ) THE only question that is involved in this appeal is whether the interest of the appellant in the disputed land has in the State under the West Bengal Estates Acquisition Act, 1953.

( 2 ) THE disputed land appertains to C. S. Plots Nos. 11 and 32 of Khatians Nos. 21 and 390 respectively of Mouza Kalidaha, within P. S. Dum Dum, in the district of 24-Parganas. It is situate within the limits of the South Dum Dum Municipality and bears the Municipal Premises no. 85, Dum Dum Cossipore Road, Calcutta-28. In the C. S. record-of-rights finally published on 1931, the disputed land was recorded in the names of the father of the appellant Prosad Das Mallick and his co-sharers. The entry shows that there were pucca structures on the said Plots Nos. 11 and 32. By an indenture dated November 26, 1947, 16 Cottahs of the disputed land was leased out by the father of the appellant to the respondent no. 4 Scene Screne Limited for the purpose of construction of a cinema house. Again by another indenture of lease dated August 28, 1952, a further quantity of land measuring 2 cottahs was leased out to the respondent no. 4 for the purpose of the said cinema house.

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