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1920 Supreme(All) 452

PRAMADA CHARAN BANRJI, SULAIMAN
Krishna Bai – Appellant
Versus
Secretary of State for India in Council – Respondent


JUDGMENT

Pramada Charan Banrji and Sulaiman, JJ. - This appeal arises out of an order passed by the District Judge of Cawnpore in a reference u/s 18 of the Land Acquisition Act. A certain area of land approximating 9 acres has been 'acquired for the erection of a European Civil Hospital at Cawnpore. The Collector assessed the compensation for this land, with a few buildings and trees upon it, at Rs. 30,000. Musammat Krishna Bai who is the owner of the land did not accept this amount and claimed Rs. 89,301 more. It appears that in 1895 the land had been purchased by Musammat Krishna Bai's husband for Rs. 2,000, on condition that it was to be used for the erection of bungalows, and for no other purpose. The learned District Judge has accepted the calculation of the Collector on the following basis: that under the new rules of the Municipal Board only four separate bungalows can be built on this land, that the cost of building a bungalow which would yield Rs. 100 as monthly rent would be about Rs. 14,000, that accordingly four such bungalows will yield Rs. 4,800 a year, and their value at 16f years' purchase would be about Rs. 80,000. Deducting from this amount a sum of Rs. 56,000, as

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