Judgement

J. L. KAPUR, J. : This is an appeal pursuant to special leave granted by this Court against the judgment and order of the High Court of Calcutta varying the order of the arbitrator in regard to compensation for compulsory requisitioning of the premises in dispute.

2. The appellant before us is the owner of the premises in dispute which at the relevant time consisted of four storeys, the ground floor and three upper floors and the respondent is the State of West Bengal which was the opposite party before the arbitrator. This building (No. 9 Chittaranjan Avenue) was constructed before 28th July 1940 and was taken on a registered lease for three years by the Bengal Central Public Works Division on a rental of Rs. 1,950 per mensem inclusive of taxes. On the termination of the lease the building was requisitioned by the West Bengal Government and taken possession of on 30th July 1948. The Land Acquisition Officer offered Rs. 2,200 per mensem inclusive of taxes in the form of rent as compensation. As the appellant did not agree to this compensation the matter was referred under S. 19 of the Defence of India Act to an arbitrator Mr. J. De. He held that Rs. 2,200 per mensem fixed b