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1958 Supreme(SC) 100

A.K.SARKAR, P.B.GAJENDRAGADKAR, T.L.VENKATARAMA AYYAR
Hanskumar Kishan Chand – Appellant
Versus
Union Of India – Respondent


Advocates:
ACHHRU RAM, C.K.DAFTARY, NAUNIT LAL, R.Ganapathy Iyer, R.H.Dhebar

Judgment

T. L. VENKATARAMA AIYAR, J. : Both these appeals are directed against the judgment of the High Court of Nagpur passed in an appeal under S. 19 (1) (f) of the Defence of India Act, 1939, hereinafter referred to as the Act.

2. In exercise of the power conferred by S. 75 (A) of the Rules framed under the Act, the Central Government requisitioned on February 19, 1941, certain properties belonging to Hanskumar Kishanchand, the appellant in Civil Appeal No. 224 of 1954. As there was no agreement on the amount of compensation payable to him, the Central Government referred the determination thereof to Mr. Jafry, Additional District Judge, Khandwa under S. 19 (1) (b) of the Act. On March 31, 1943, Mr. Jafry pronounced his award, by which he awarded a sum of Rs. 13,000 as annual rent for the occupation of the premises. Against this award, there was an appeal to the High Court of Nagpur under S. 19 (1) (f) of the Act, and that was heard by a Bench consisting of Grille, C. J. and Padhye, J. By their judgment dated December 31, 1947, they enhanced the annual rent payable to the appellant by a sum of Rs. 3,250, and they also allowed certain other sums as compensation for dislocation of t

































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