JUDGMENT

Mookerjee, J. - This is an appeal against an award made under the Land Acquisition Act in affirmance of an award made by the Collector. The land is held by a tenant under the Mechpara Wards Estate and the appellant is described as a sub-tenant under the tenant. His subtenancy was created on the 5th July, 1916. The document recites that the sub-tenant applied for land to construct a permanent house for himself with the result that 15 cottahs of land were granted to him at a rent of Rs. 15 to be paid from year to year. It was expressly stated that the landlord, his hairs and legal representatives would not be entitled to eject the sub-tenant from his land during the time that he might have his house thereon. It was finally added that the sub-tenant would not be entitled to make a gift of, to sell or in any way to transfer the land to any one without the permission of his immediate landlord.

2. A portion of the land has been acquired under the Land Acquisition Act and an award has been made to the sub-tenant, only in respect of the house. The award also allowed compensation to the tenant, whose interest is valued at Rs. 200 a bigha; this has been paid to him together with the v