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 o