( 1 ) THESE are two connected second appeals by a plaintiff from the decision of the learned Civil judge, Gorakhpur, dismissing his two suits for recovery of damages or compensation from the government of the State of Uttar Pradesh. The facts which have led upto these appeals are these. The plaintiff, Prem Lal Singhania, was the owner of a motor truck and a Chevrolet motor car. On 12-1-1948 the District Magistrate of Gorakhpur, purporting to act under the powers delegated to him by the State Government under Section 9 of the U. P. Requisition of Motor Vehicles Act of 1947, passed an order requisitioning both these vehicles. The order required the plaintiff singhania to place them at the disposal of the Superintendent of Police within 24 hours of the service of this order. According to the plaintiff, the order was illegal and unjustified as the essential conditions for the exercise of the requisitioning power did not exist and it was passed with the object of causing wrongful loss to the plaintiff. The plaintiff alleged that the Chevrolet car was kept uncovered and in the open during the period of requisition with the result that its paint was damaged and some parts