Judgment

SEN, J. :- The present appeal on certificate raises two questions, namely (1) Whether the parties by mutual consent had agreed to appoint D. N. Gupta, Superintending Engineer and Town Planning Officer, Jaipur to ascertain the value of the disputed land as an appraiser or valuer and therefore the appraisement or valuation thereof by him in his Report (Exh. 5) dated February 21, 1956 at Rs. 35,826.50 p. should be treated as an admission under S. 20 of the Evidence Act, 1872, on the basis of which the plaintiffs claim for damages had to be decreed, and (2) Whether the plaintiff being deprived of property was, on general principles, entitled to payment of interest on the amount payable to him as the value of the property taken by the State Government.

2. The facts bearing on the questions are briefly stated. In accordance with the terms of the registered deed of exchange executed by the parties on July 16, 1951, the appellant withdrew a suit for specific performance of an alleged contract against the State Government being Civil Suit No. 120/50 pending in the Court of the Civil Judge, Jaipur City whereunder the State Government agreed to give in exchange plot No. 0/17 located in