SURINDER SINGH SIBIA Vs. STATER OF H P

JUDGEMENT

(1.) THIS judgment shall dispose of two cross appeals, being FAO No.23 of 1994 and RFA No. 21 of 1994, as they arise out of the same award. Brief facts necessary for the decision of the case are that Surinder Singh Sibia, appellant in FAO No.23 of 1994, is the owner of the property known as "Kenilworth". This property consists of a residential house, servant quarters, kitchen, garage, court yard and lawns appurtenant thereto.

(2.) THIS property was requisitioned, under the H P Requisitioning and Acquisition of Immovable Property Act, 1972, for the residence of a Judge of this Court. The requisition came into effect from 30.07.1979. There is no dispute with regard to the fact that this requisition was valid for a period of five years, at the first instance, and also that the landlord had agreed to accept Rs.1799.75 paise per month, as rent of the property. After expiry of five years, the landlord was offered enhanced rent at the rate of Rs.3600/- per month with effect from 1.8.1984, which he refused to accept and claimed that compensation/rent should be much higher. The Judge, who was occupying the premises, demitted office on superannuation on 27.2.1988. The landlord illegally took possession of the house on 27.3.1988. There was some dispute between the High Court and the landlord with regard to the possession of the property. The possession was restored to the High Court on 25.6.1987.

(3.) THE compensation payable to the landlord /owner of the property, whose premises are requisitioned, under the aforesaid Act, has to be assessed in terms of Section 9 of the Act. Section 9(1)(b) which is relevant for the purpose of deciding the present appeal reads thus: