SOORAJMULL NAGURMULL Vs. PROVINCE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises out of the requisition of Shamnagar Jute Godowns, of which Hanuman Seva Trust was the owner and the present claimant Surajmall Nagarmal was the lessee in occupation at the relevant time. By agreement between the parties concerned the monthly compensation for requisition of the parties has been awarded to the owner Hanuman Seva Trust (vide F.A. No. 29 of 1948, decided by us on April 29, 1955,) and, in the present proceedings, we are concerned with the lessee Surajmall Nagarmall's claim for compensation for loss of business. Under this head nothing was offered or allowed by the Collector and the Arbitrator also rejected this claim of the lessee in its entirety. From this 'nil' award of the learned Arbitrator, the present appeal has been preferred by the claimant lessee Surajmall Nagarmall.

(2.) A preliminary objection has been raised by the Respondent State to the maintainability of the present appeal, and, in support thereof, reliance has been placed by the learned Senior Government Pleader on the second proviso to Rule 19 framed under the substantive Section 19 of the Defence of India Act. That proviso runs as follows:

(3.) The Respondent contends that, as the amount of compensation, awarded in the present case, is nil, the appeal is hit by the above proviso.