O. H. MOOTHAM, RAGHUBAR DAYAL
R. L. AURORA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
( 1 ) THIS is an appeal from an order of Mr. Justice Mehrotra dated 30-8-1957, dismissing two petitions under Article 226 of the Constitution. The relevant facts are these : on 31-5-1943, the appellant purchased a plot of agricultural land measuring approximately 9 acres in village Nauraiya Khera in Kanpur district for a sum of Rs. 7,000/-, and shortly thereafter he obtained the surrender of the tenancy rights of the tenant who was in occupation of the plot on payment of Rs. 1,705/ -. He thus obtained actual physical possession over the entire plot. On 31-5-1943, the appellant also obtained a permanent lease of an adjacent plot of land measuring 15. 5 acres. His purpose in acquiring the two plots had been, he says, for the erection of a factory. This object was however frustrated by the fact that on 26-7-1943, the military authorities requisitioned the second of the two plots measuring 15. 5 acres and on 6-5-1944, an area of 1 59 acres out of the first of the two plots; the period of requisition in each case being for 10 years. The appellant was thus left with an area of about 7. 41 acres which he says was ulitised by him for the raising of food crops for which p
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