JUDGMENT :

Rohinton Fali Nariman, J.

The present appeals arise from an acquisition made under the Defence of India Act, 1939 (hereinafter referred to as `the Act') read with the Rules thereunder. On 29th April, 1943, 12.84 acres of land along with several buildings, structures and other constructions were requisitioned under Rule 75A(1) of Defence of India Rules, 1939 (hereinafter referred to as `the Rules') On 2nd June, 1945, the said property under requisition was acquired by the Government of India, at which point of time, a cotton mill under construction comprising of various plots, stood acquired. Thereafter, compensation proceedings under the said Act and Rules were commenced, and an Award dated 6th May, 1947 was made offering an amount of Rs.2,40,113.75p. to the appellant, who accepted the same under protest. On 8th December, 1949, a reference to arbitration was made under the provisions of the said Act. An Award was ultimately passed by the learned Arbitrator awarding a sum of Rs.14,29,366/- in the following terms :

"Point No. 1

Claimant will get rent compensation at the rate of Rs.2000/- per month from June 1943 to July 1946 for 38 months.

Point No. 2

Property acquired as 12.84