Judgment

MUDHOLKAR, J.: -This appeal, like Satyabrata Ghose v. Mugneeram Bangur and Co., 1954 SCR 310 relates to the effect of requisitioning orders made by the Government during the last war under which they took possession of land belonging to the appellant company which had been divided into building plots by them in pursuance of what is known as the Lake Colony Scheme, by constructing roads and drains. The plaintiff-respondent was one of the various persons who had entered into contract with the company for purchase of plots in pursuance of the public offers made by the company. This he did by addressing the following letter to the company and paying Rs. 202 by way of earnest money.

"To

Mugneeram Bangur and Company Land

Department, Russa Road, South,

Tollygunge, Calcutta, No. 499,

Phone : South 135.

Through Babu-

Re : Plots Nos. New Nos. 245 and 246 on 30 feet road in the premises No. Lake Colony Scheme No. 1, Northern Block.

Area measuring--10 Ks. x ch. x sqr. ft. more or less.

Dear Sir,

I am willing to purchase the above plot of land from you at the average rate of Rs. 1,075 (Rupees one thousand and seventy-five only) per katta irrespective of the condition of the soil and I am ready to