GUHA RAY, J. :- This is an appeal on behalf of the heirs of the referring claimant Dulal Chand Bose, that is, Claimant No. 1 from the judgment of the President of the Calcutta Improvement Trust Tribunal confirming the award of the Collector and dismissing the reference under S. 18, Land Acquisition Act. The proceedings relate to municipal premises No. 188/2 Maniktola Main Road, measuring 4 bighas and 16 cottas. Admittedly it forms the western part of a larger holding originally numbered premises No. 109 and measuring 18 bighas and 12 cottas. This larger holding really consisted of two holdings namely Nos. 15 and 18 in Sub-division II, Division 3, Dihi Panchannagram under the Collectorate of 24 Parganas. The eastern and the largest part of the holding is numbered premises No. 188 and measures 10 bighas 2 cottas and the central part is premises No. 188/1 measuring 3 bighas 14 cottas.

2. The referring claimant is admittedly the landlord of all the premises, namely, premises Nos. 188, 188/1 and 188/2 and admittedly claimants. Nos. 2 (a) to 2 (e) are tenants under him. The latter claimed a mokarari mourashi tenancy which the former disputed but the Collector upheld the claim of