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PETITIONER: THE STATE OF WEST BENGAL
Vs.
RESPONDENT: SHAIKH SERAJUDDIN BATLEY.UNION OF INDIA: INTRVENER
DATE OF JUDGMENT: 24/11/1953
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN SASTRI, M. PATANJALI (CJ) MAHAJAN, MEHR CHAND HASAN, GHULAM JAGANNADHADAS, B.
CITATION: 1954 AIR 193 1954 SCR 378 CITATOR INFO : D 1973 SC 381 (12)
ACT: Indian Independence (Rights, Property and Liabilities) Order 1947, Arts. 8(2), 9-Rent payable by Province of Bengalbefore 15th August, 1947-Purpose of lease exclusive purpose of West Bengal Liability of West Bengal "Financial obligations," interpretation of- Object of Art. 9.
HEADNOTE: The liability to pay rent under a lease does not come with the expression "financial obligations" in article 9 of the Indian Independence (Rights, Property and Liabilities) Order, 1947. The Province of Bengal took certain premises on lease on the 6th February, 1947, agreeing to pay a monthly rent of Rs. 1,800 and the purposes for which the lease was entered into were, after 15th August, 1947, exclusivel purposes of the Province of West Bengal: Held, that the liability to pay rent was not a "financial obligagation" contemplated by article. 9 and the Government of West Bengal was liable underar article 8(2)(a) of the abovesaid order to pay the rent which had accrued up to the 15th August, 1947. Province of West Bengal v. Midnap...