CENTRAL GOVT Vs. P L JAITLY AND CO

JUDGEMENT

(1.) These arc two appeals against an award made under Section 19(1) of the Defence of India Act, 1939. Since they are against the same award, they are being disposed of by a common judgment.

(2.) First Appeal No. 86 of 1945 was filed by the Central Government, whereas First Appeal No. 291 of 1945 was filed by M. G. Qadir. Messrs. P.L. Jaitly and Company through Pandit Purushottam Lal Jaitly, Manager and Karta, was originally the respondent in both the appeals. During the pendency of the appeals Pandit Purushottam Lal Jaitly died and then the names of Pandit Amar Nath Jaitly, Arvind Nath Jaitly, Triloki Nath Jaitly and Smt. Savitri Devi, who were also the heirs of Pandit Purshottam Lal Jaitly, were brought on record as the legal representatives of the deceased.

(3.) The dispute relates to the requisitioning of premises No. 17 Canning Road, Allahabad. The aforesaid premises consisted at the relevant dates of a bungalow having a verandah and 20 rooms as well as an open yard at its back. There was also a separate block which would be referred to in this judgment as the 'workshop block.' It was situated to the east of the bungalow and was separated from it by an open passage and a row of outhouses. The workshop block consisted of two portions, namely (1) the main workshop and connected rooms, and (2) the rest of the workshop block comprising office rooms and godown.