Judgment

RAY, J. :- This appeal is by special leave from the judgment dated 13 January 1961 of the High Court at Patna dismissing the appeal filed by the appellants against the award dated 25 May, 1956 of the Arbitrator under the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as the 1952 Act).

2. The appellant s mother purchased the property known as "the Grove" situate on Station Road at Patna on 18 September, 1944. The appellants mother thereafter made a trust deed in the year 1946 in respect of the property in favour of the appellants.

3. The property was requisitioned by the Government of India with effect from 17 July, 1942 under Rule 75 (A) of the Defence of India Rules. The Government was in possession of the property until the Government decided to acquire the property in the year 1953. The Central Government gave notice under S. 7 of the 1952 Act to acquire the property. The property was acquired in 1953.

4. The Government thereafter offered to the appellants a sum of Rs. 2,47,990/- as a valuation of the property acquired. The appellants claimed Rs. 18,00,000/- as the valuation.

Under Section 8 (1) of the 1952 Act the Government appoint