Decided on March 16,1960

Champabati Devi Appellant


- (1.) These revisional applications are directed against an order of Sri S.N. Bagchi, Additional District Judge, Alipore, holding that two execution cases filed by Sm. Chainpabati Devi could not he maintained in his Court.
(2.) The facts are briefly as follows: Portions of premises Nos. 25A, Theatre Road, and 6A, Outram Street, Calcutta, belonging to the Petitioner were requisitioned under the Defence of India Rules and government took possession on November 7, 1954. The requisitioned area comprised mostly open land adjoining the buildings at the address mentioned above. In April, 1947, the Petitioner was paid Rs. 42,000 in part payment of the compensation; but as there could be no agreement as to the amount of total compensation payable to the Petitioner, a reference was made to an arbitrator for determination of the compensation under Section 19 of the Defence of India Act. Shri R.S. Trivedi, I.C.S., was appointed as the arbitrator. The arbitrator held local inspection and took the necessary evidence and by an order dated May 3, 1948, made an award of compensation at Rs. 940 per month from November 7, 1944, which was found to be the date on which government took possession, to the date of formal release. In the course of his order Sri B.S. Trivedi observed that the formal release of the property requisitioned had already taken place. There was an appeal by the Petitioner, and a Bench of the High Court by an order, dated August 6, 1953, increased the rate of compensation, directing that the same should be calculated at the rate of Rs. 25 per cotta per month for the open land measuring approximately 50,000 sq. ft. and a further sum of Rs. 70 per month for the godowns included within the requisition. It was directed that the compensation money should be paid to the claimant Petitioner within a month of the arrival of the records in the lower court, less the amount which had already been paid. The Petitioner, claiming that the compensation as awarded by the High Court had not been paid by the government, started two execution cases Nos. 1/56 and 3/56, in the court of the Arbitrator and First Additional District Judge, Alipore. In execution case No. 1/56, the claim was made for Rs. 1,08,505-9-6, being compensation at the rate fixed by the High Court from November 7, 1944 to June 30, 1956, the case of the Petitioner being that no formal release of the whole area had taken place by that date, although a portion of the area had been acquired by the government with effect from June 1, 1950, and compensation on the balance of the area said to be under requisition was sought from June 2, 1950. The amount was claimed after deducting Rs. 42,000 already paid as part-payment in April, 1947, and Rs. 26,194-9-9 deposited by cheque on June 26, 1956, in the original arbitration case.
(3.) In execution case No. 3/56, the Petitioner claimed compensation of Rs. 766-5-9 for the month of July 1956, alleging that the area of 22,100 sq. ft. was still under requisition.;

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