JAGAT RAM SUD Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1952-7-2
HIGH COURT OF HIMACHAL PRADESH
Decided on July 09,1952

JAGAT RAM SUD Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

- (1.) This is an appeal by one Dr. Jagat Ram Sud, hereinafter referred to as the claimant, under Section 5(1)(f) of the East Punjab Requisitioning of Immovable Property (Temporary Powers) Act (XLVIII of 1948).
(2.) A three storeyed building, situate in Sanjauli, Simla known as the Jagat Dr. Jagat Ram Sud vs. The State of Himachal Pradesh (09.07.1952 -HPHC) Page 2 of 5 gat Ram Sud vs. The State of Himachal Pradesh (09.07.1952 -HPHC) Page 2 of 5 Niwas, consisting of two shops in the ground floor and two residential sets in each of the two floors above, was requisitioned by the Himachal Pradesh Government under Section 2(1) of the said Act on 1-8-1949 for the Himachal Government Transport. The claimant was actually dispossessed of the building on 8-9-1949. The building was derequisitioned by an order dated 25-1-1950 but possession was actually restored to the claimant on 31-1-1950. The building was thus in possession of the Himachal Pradesh Government for four months and twenty three days from 8-9-1949 to 31-1-1950.
(3.) As the amount of compensation could not be fixed by agreement, Sri H. L. Soni, District and Sessions Judge Mahasu and Sirmur districts, was appointed as arbitrator. The claimant put in a claim for six months at Rs. 7,675/- per annum, which he described as fair rent. The said Government filed a written- statement that Rs. 100/- per mensem would be reasonable compensation for the building inasumch as it was incomplete and only a part of it could for that reason be used by the Transport department.;


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