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1950 Supreme(Cal) 114

G.N.DAS, GUHA
PROVINCE OF BENGAL – Appellant
Versus
PAWN KISSEN LAW AND CO. – Respondent


Advocates Appeared:
ATUL CHANDRA GUPTA, JAJNESWAR MAJUMDAR, UPENDRA CHANDRA MULLICK

G. N. DAS, J.

( 1 ) THIS appeal is by the Province of West Bengal from a decision of Mr. R. S. Trivedi, Arbitrator, appointed under Section 19 Defence of India Act, and dated 16th March 1948. Premises No. 30 Ballygunge Park now numbered as No. 44 Iconside Road belonged at the relevant time to Pran Kissen Law and Co. On 15th November 1944 the aforesaid premises were requisitioned" by the Government. The sail premises were later on acquired by the Government under Section 75 (A), Defence of India Rules, on 12th April 1945. Before the Collector the respondents Pran Kissen Law and Co. , preferred a claim on 9th December 1944. The petition has been marked Ex. A. IN that petition the respondents claimed a sum of Rs. 2049 per month as compensation-for the lands on account of the requisition made by the Government. No agreement was however reached between the Government and the claimants as regards the compensation payable for the requisition of the land. Accordingly on 21st November 1946 the respondents filed a petition before the Collector for reference of the dispute to the Arbitrator under Section 19 (1) (e), Defence of India Act, hereinafter to be called the Act. In this petition the










































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