NEMI CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a reference made by Mr. Mehar Singh Chaddah, Senior subordinate Judge, Gurgaon, dated 18-8-1952, under Section 113, Civil P. C. for the purpose of determining: the legality of the East Punjab Moveable Property (Requisitioning) Act Of 1947.

(2.) On 12-4-1948, an order was served on the plaintiff Nemi Chand requisitioning his seven lacs Of bricks lying at his kiln under the impugned Act, East punjab Moveable Property (Requisition-ing) Act of 1947. On 13-4-1948, an order was sent to the plaintiff by the Sub-Divisional Officer informing him that the bricks should not be removed as he had been authorised to take possession. We are told that the bricks were taken over and the plaintiff has now brought a suit for recovery of Rs. 17,750/- for price of baked bricks at Rs. 40/- per thousand, kacha bricks at Rs. 15/- per thousand and damages on account of trespass Rs. 1,000/-. The Advocate-General has informed us that the State was quite prepared to pay the plaintiff the price at the controlled rate but the plaintiff has refused to take it, but that matter is not before us and, therefore, it is not necessary to go into that.

(3.) The claim of the plaintiff is based on the plea that the Act under which the requisition was made was ultra vires of the Provincial legislature 8s it then was.