JUDGMENT

Harjit Singh Bedi, J.

1. Leave Granted.

2. The facts leading to the appeal are as under: The property in dispute known as ‘Katras House’ built over an area of 1.7 acres of land on Circular Road, Ranchi was purchased by Late Shri Ganesh Chandra Dey vide registered sale deed dated 26th January 1933. World War-II broke out on 3rd September 1939 on which the Viceroy promulgated the Defence of India Ordinance 1939 under which the Defence of India Rules were issued. On 25th April 1942, Rule 75 A was inserted in the Defence of India Rules empowering the Central Government to requisition any property necessary or expedient for securing the defence of British India and other related matters. Japan entered World War-II on the side of Nazi Germany on the 7th December 1941, after its attack on the United States Seventh Fleet in Pearl Harbour, Hawai and soon after a string of victories over the Allies in South East Asia and upto Burma brought the Imperial Japanese Army to India’s Eastern doorstep. It was thereafter thought prudent to shift the headquarters of the Indian Army’s Eastern Command from Kolkata to Ranchi. Vast areas of land and other residential property were accordingly req