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1965 Supreme(Online)(Gau) 4

ASSAM AND NAGALAND HIGH COURT
*G. Mehrotra, C. J., S. K. Dutta, J.
Assam Railways and Trading Co. Ltd v. Union of India


Table of Content
1. claim of rent arrears by the plaintiff. (Para 1 , 2)
2. court finds trial court's reasoning erroneous. (Para 4 , 6)
3. ownership and compensation aspects under the land acquisition act. (Para 5 , 7)
4. final outcome of the appeal. (Para 8)

1. This is an appeal by the plaintiff arising out of a suit for recovery of a sum of Rs. 25,563/9/- comprising of a sum of Rs. 22,105/9/- as arrears of rent for the period commencing from 1st April 1952 to 7th September 1955 and a sum of Rs. 3,457/12/- as interest on the aforesaid amount. It is not disputed that the land belonged to the appellant. The land was utilised by the plaintiff company for the purposes of its railway which was known as Dibru Sadiya Railway, one of the concerns of the plaintiff. Dibru - Sadiya Railway was taken over by the Government of India in the year 1945. But the plaintiff continued to be the owner of this land. The land was then taken possession of by the Bengal Assam Railway administration and was used by the said Railway with effect from 1st April 1945. It was then taken over by the North Eastern Railway which has been impleaded as defendant No. 2 to the suit. Defendant No. 1 is the Union of India. T










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