ARUN KUMAR MITRA, J.

( 1 ) THIS Second Miscellaneous Appeal has been preferred by the appellants challenging the judgment and order dated 10. 6. 1981 passed in settlement appeal No. 3 of 1980 by the learned District Judge. Murshidabad arising out of decree/order of District Compensation Officer, 'a' Camp, Murshidabad in objection Case No. 448 of 1978 under Estates Acquisition Act.

( 2 ) THE subject matter and/or the background of the case is inter alia as follows : the appellants are the executors of the Will of the ex-intermediary mr. Nolinikanta Adhikari of Balurghat, District-West Dinajpur. The Will was duly probated on 6. 3. 1979 in Probate Case No. 41 of 1974 of the district Judge, West Dinajpur, Balurghat. The said ex-intermediary Mr. Nolinikanta Adhikari had certain Estates comprising tenanted and kahs land both in West Dinajpur and Murshidabad Districts. After promulgation of the West Bengal Estates Acquisition Act, the said estate vested in the State subject to the write off estates of the said intermediary. Compensation Assessment Rolls were prepared by the respective compensation Officers of West Dinajpur and Murshidabad under provisions of Section 14 of the Estates Acq

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