Law: East Bengal State Acquisition and Tenancy Act, 1950

Section: 43,44

East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Ss. 43 & 44-Publication of Compensation Assessment Roll-Tenant's non-retainable land vests in Government on publication of such notification. Having regard to the provisions of sections 43 and 44 of the State Acquisition and Tenancy Act, a tenant's non-retainable land like Bazar vests in the Government on the publication of a Noti fication in the official Gazette under subsection (2) of section 43.   JUDGMENT M. R. KHAN, J.----This second appeal arises out of Title Suit No. 76 of 1959 of the Ist Court of Subordinate Judge, Sylhet and has been preferred by the Province of the East Pakistan. The subject-matter of the suit is a market known as Jarulia Bazar which was undeniably established by the plaintiff after the Independence. The officer of the Province of East Pakistan wanted to take over this market after the acquisition of rent-receiving interests under the provisions of the East Bengal State Acquisition and Tenancy Act, 1951. This gave rise to a cause of action. Accordingly, the plaintiff brought the suit for a declaration that he is entitled to continue possession of the disputed Jarulia Bazar and that his occupancy interest in the land on which the Bazar stands has not been acquired under the State Acquisition Act. He also prayed for a permanent in junction restraining the Province of East Pakistan from taking over the market and disturbing the plaintiff's possession. The main plea taken on behalf of the Province of East Pakistan in this case is that the plaintiff was a rent receiver and that the disputed market stood acquired with the acquisition of rent-receiving interests under the State Acquisition Act and the same vested in the Provincial Government. The trial Court found that the plaintiff was not a rent receiver and that his tenancy right in the land on which the market stands remained unaffected. Accordingly, the trial Court decreed the suit. The Province of East Pakistan preferred an appeal. Agreeing with the trial Court, the lower appellate Court found on the basis of the evidence on record that the defendant did not succeed in proving that the plaintiff…