JUDGEMENT

[@ Page LRIA 94] Appeal (No. 21 of 1941) from a decree of the High Court (September 12, 1938) which varied a decree of the Court of the District Judge, Meerut (February 21, 1935), which had increased an award made by the Land Acquisition Officer, Meerut (May 7, 1934), for land which had been compulsorily acquired from the respondent.

The following facts are taken from the judgment of the Judicial Committee This appeal arose out of certain land acquisition proceedings. The property concerned consisted of a house and outhouses belonging to the respondent situated within the Meerut Cantonment. The land on which they stood was held by him from the Government on what was commonly known as the cantonment tenure. Grants to

individuals of lands within cantonments were regulated by General Order of the Governor-General in Council, No. 179, dated September 12, 1836, which had been repeated in a series of subsequent regulations.

In this case the property of the respondent had been in the possession of the Secretary of State under a lease for ten years, at Rs.325 a month, with a covenant to repair on the part of the tenant. The lease began on July 1, 1931, and rent had been paid by t