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1953 Supreme(P&H) 77

D.FALSHAW, KAPUR
Kapur Textile Finishing Mills, J. H. F. Concern Through L. Ram Saran Dass Manager and Karta Of The J. H. F. – Appellant
Versus
Province Of East Punjab – Respondent


Judgment

Kapur, J.

1. This is a plaintiffs appeal against a judgment and decree of Mr. Gobind Ram Budhiraja, Subordinate judge Ist Class, Amritsar, dated the 2-4-1949 dismissing the plaintiffs suit for recovery of a sum of Rs. 5,125/12/- on account of the price of a jeep station wagon and insurance and registration charges and interest.

2. The plaintiffs on 19-9-1946 purchased a jeep for Rs. 3500/- from Pyara Lal and Sons Lahore. They expended a sum of Rs. 1,2507- on building a body for converting the jeep into a station wagon. Rs. 300/- were paid for insurance and Rs. 75/12/- is the interest on the amount of money spent by them.

3. A requisitioning order was made by Government requisitioning the jeep belonging to the plaintiffs. This original order is not on the file but an office copy Exh. D. 1 has been placed on the file and is at p. 46 of the paper book. It purports to be under Section 10(2) (c), Punjab Public Safety Act, 1947 and is in the following terms :

"Now, therefore, in exercise of the powers conferred on me by Clause (c) of Sub-section 2 of Section 10, Punjab Public Safety Act, 1947 , I, Nakul Sen, Dis-trict Magistrate, Amritsar hereby requisition Jeep Car No. PEL 6952







































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