M.C.CHAGLA, N.H.BHAGWATI
Lady Dinbai Dinshaw Petit and Ors. – Appellant
Versus
The Dominion of India and Anr – Respondent
Chagla, C.J.
1. This is an appeal from a judgment of Tendolkar J. by which he dismissed the pltfs. suit. The pltfs. are the trustees of a certain trust as such trustees they were in possession of an immovable property admeasuring about 1,10,000 square yards situated at Tardeo Junction, Bombay. It would appear that on 7-3-1942, possession was given either of the whole of this plot or a very large portion of it to the Supplies Department which belonged to the Govt. of India, this possession was given in contemplation of a lease which was proposed to be entered into between the pltfs the Govt. of India. On 1-4-1942, a requisition order was passed by which this property was requisitioned, on 28-10-1942 an order of acquisition was passed acquiring this property, it is these two orders of requisition acquisition which are being challenged by the pltfs. in this suit. The pltfs. contention is that they are still the owners of this property free from requisition or acquisition ordered under these two orders.
2. In order to understand appreciate the contentions of the parties, it is necessary to look into the provisions of the law under which these two orders were made.
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