Sir John Beaumont:-

This is an appeal from a decree of the High Court of Judicature at Lahore, dated 30-9-1943, varying a decree of the Court of the District Judge of Rawalpindi, dated 15-5-1941. The appeal arises in proceedings under the Land Acquisition Act (Act 1 [I] of 1894). The question at issue is as to the title to the land upon which stands bungalow. No. 160 (formerly No. 56 and later No. 105) in Rawalpindi Cantonment. The appellant claims that he is the owner, not only of the bungalow, but of the land upon which it stands, whilst the respondent claims that the land was held by the appellant on Cantonment tenure under which the respondent was entitled to resume possession at any time upon giving a month's notice, and upon payment to the occupier of the value of the buildings upon the site, and that that right has been duly exercised. The respondent claims to acquire under the Land Acquisition Act only the bungalow.

[2] On 15-6-1935, the appellant had granted to the Secretary of State for India (represented by the Garrison Engineer, Rawalpindi) a lease of the said bungalow and the land upon which it stood on a monthly tenancy. On 20-2-1937, notice was given to the appellant on behalf of the Secretary of State alleging that the land in question was held on Cantonment tenure and that the Government was entitled to resume possession thereof, and requiring the appellant to quit and deliver up possession of the property, and Government stated that they were prepared to pay the sum of Rs. 12,997, as the value of the erections standing on the said land. It is not now disputed that the lease was validly determined assuming the land to have been held on Cantonment tenure.

[3] On 1-5-1937, the Government of the Punjab, in accordance with the provisions of S. 4, Land Acquisition Act, issued a notification in the following terms:

"Whereas it appears to the Governor of the Punjab that the property known as Bungalow No. 160 in Rawalpindi Cantonment with the outbuildings attached thereto, is required by the Government at public expense for a public purpose, namely, for the housing of Military Officers.

And whereas the Government of India claim that the land on which the said bungalow and out-houses are erected is the property of the Government of India held by the owner of the said buildings on Cantonment tenure under which Government may resume the land at any time on giving one month's notice and paying the value of such buildings thereon as may have been authorised to be erected.

And whereas the Government of India have given such notice and the notice has expired and the Government of India claim that the land has been resumed by them and being desirous of acquiring the buildings thereon and other outstanding interest therein (if any) as expeditiously as possible have represented to the Government of the Punjab that the same may be acquired for a public purpose under the provisions of the Land Acquisition Act, 1894.......

Any person interested in the said property who has any objection to the proposed acquisition may, within 30 days of the publication of this notification, file an objection in writing before the Collector of Rawalpindi District, in whose office a plan of the property may be seen."

[4] The appellant lodged objections to the proposed acquisition on 28-6-1937. He denied that the Government was entitled to resume the land at any time on giving one month's notice and paying the value of the buildings standing on the land, or that the condition which according to the Government's claim entitled them to resume possession had been satisfied, and he further alleged that the proposed acquisition of the buildings standing upon the land, as apart from the land itself, was not contemplated by the Land Acquisition Act and was against the law. The Government replied to the objections and the matter proceeded in due course in accordance with the provisions of the Land Acquisition Act.

[5] On 17-5-1938, the Land Acquisition Officer made h