1. THE first question that arises for consideration in this appeal is whether in the face of the provisions of section 46 of the West Bengal Estates Acquisition Act, 1953 the Civil Court had jurisdiction to entertain this suit. If the answer to that question be in the affirmative, we have to consider another question namely, whether the decree of the trial court affirmed by the appeal count decreeing the plaintiff's suit and giving him a declaration that he has get tenancy right in the suit land under defendants Nos. 1 to 7 and 10 is liable to be set aside or modified in this second appeal. Section 46 of the West Bengal Estates Acquisition Act is in these words :-

"where an order has been made under sub-section (1) of section 39 directing the preparation or revision of a record-of-rights, no Civil Court shall, until after the final publication of the record-of-rights under sub-section (2) of section 44, entertain any suit or application for the determination of rent or determination of the status of any tenant or the incidents of any tenancy to which the record-of-rights relates, and if any such suit or application is pending before a Civil court on the date of such order i