SANTI DEVI Vs. PROVINCE OF WEST BENGAL

JUDGEMENT

(1.) This is a claimant's appeal against the decision by an Arbitrator appointed under, Section 19 of the Defence of India Act.

(2.) On behalf of the respondent a preliminary objection has been raised about the maintainability of the appeal, but that question can be considered only after the relevant facts are shortly stated.

(3.) Premises No. 20, Baburam Ghosh Road, Tollygunje, had been requisitioned under the Defence of India Act, and claim was laid on behalf of three parties, viz., the admitted owners of the property who would be described hereafter as the Ghoses and the present appellant Kanhyalal Kanodia and a certain concern known as the Unity Production. After a certain date the Ghoses did not press their claim any further. The Collector, however, held that Rs. 1000/- per month would be the reasonable compensation for the property requisitioned, but the Kanodias were not entitled to any part of the same. Kanodia had claimed compensation at the rate of Rs. 12500/-per month during the period of requisition; Unity Production had claimed compensation for loss of business etc. at the lump sum of Rs. 1194582/5/3 pies. The offer made by the Collector was not accepted either by Kanodia or the Unity Production. There was a reference before the Arbitrator under Section 19 of the Defence of India Act on behalf of the two claimants which came up for hearing before the Arbitrator and disposed of by him by his order, dated February 18, 1948. Against this decision Kanhyalal Kanodia has preferred the present appeal. No steps have been taken by the other claimant, Messrs. Unity Production.