Prabal Chandra Mukherjee vs Raja Peary Mohun Mukherjee

Maclean, C.J.—This appeal must succeed upon the short ground that It Is covered by the decision of this Court in the case of Abu Bakar v. Peary Mohan Mukerjee ILR 34 Cal. 451 (1907), which was followed by another Division Bench of this Court in the case of Gobinda Kumar Boy Chowdhury v. Debendra Kumar Roy Chowdhury 12 C.W.N. 98 (1907), and in appeal from Original Decree No. 146 of 1906,(Mahammad Safi v. Haran Chandra, 12 C.W.N. 985.) where the same view was held, namely that the Court has no jurisdiction to deal with objections except those which were made by persons who were parties to the proceedings before the Collector, and which brought about the reference. The appeal, therefore, must be allowed, the order of the Subordinate Judge must be discharged and the compensation money must be paid to the present Appellant, without prejudice to the rights if any, of Raja Peary Mohun Mukherjee, because he must be treated as if he was not a party to these proceedings.

The Appellant must have the costs of this appeal--hearing fee, four gold mohurs.

Doss, J.

I agree.