Arun K. Mukherjea J. This appeal has come to us upon a reference by a division Bench consisting of the late Chief Justice D. N. Sinha and myself who thought that this appeal is one which should be tried by a larger Bench. The reference was made under Rule I (ii) of Chapter 2, Part I of the Appellate Side Rules and the entire matter is now for determination by this Bench. The appeal arises in the following way:

2. The appellants are the owners of premises No. 104B, Lower Circular Road, Calcutta (hereinafter referred to as the said premises) which consists of a four storeyed building which had been leased out to one Kedarlal Sil. The first, second and third floors of the building were requisitioned by the Government of West Bengal in November 1952 in exercise of the powers of requisition vested in the Government under section 3 (1) of the West Bengal Premises Requisition and Control (Temporary provisions) Act. 1947 (hereinafter called "the said Act)". The lessee was offered a monthly compensation of Rs. 465/- by the Land Acquisition Collector. This was not, however, acceptable to the lessee and dispute regarding the quantum of compensation was referred to the arbitration of P.