BANWARI LAL AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant's building was requisitioned by the Government under section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952 and a sum of Rs. 3212.50 was offered to the appellant as compensation per month for the use of the building. As the appellant did not agree to accept the said amount, the compensation payable to the appellant was determined by Shri G. R. Luthra (Judge, Small Causes Court, Delhi) acting as arbitrator under section 8 of the Act at Rs. 4,658.00 per month. In the appeal against the award of the arbitrator, V. D. Misra, J. of this Court increased' the amount of compensation to Rs. 6,423.00 per month under section 11 of the Act. The Government was also ordered to spend a sum of Rs. 6,423.00 per year for the maintenance and repairs of the building.

(2.) Limitation for a further appeal was as follows: -

(3.) The judgment of the learned Single Judge was delivered on 8-12-1971. The application for a certified copy of the judgment was made on 15-12-1971. The copy was prepared on 13-1-1972 and was obtained by the appellant on 14-1-1972. Excluding the time of 29 days spent in obtaining the certified copy and the day on which the judgment was delivered, the period of limitation of 30 days for filing an appeal in the High Court expired on 7th of February 1972. The appeal in the High Court was filed on 19th of February 1972. The appellant made an application under section 5 of the Limitation Act, 1963 for condonation of delay in filing the appeal on the ground that he had sufficient cause for not prefering it within the prescribed period of limitation. The explanation of the delay given by the appellant was two fold, namely:--