Against the order passed by the Arbitrator an appeal was preferred to the High Court of Judicature at Calcutta.
With special leave the appellants have appealed to this Court.
Appeal by special leave from the judgment and order dated June 27, 1955, of the Calcutta High Court in Appeal from Original Decree No.
403 of 1959.
The warehouses were used for storage of jute belonging to the appellants.
one lakh.
The claim of the appellant was rejected by the Arbitrator and they were number awarded any companypensation.
28 1948.
The appellants valued the claim at Rs.
Sen, P. K. Chatterjee and P. K. Bose, for the respondent.
V. Viswanatha Sastri and B. P. Maheshwari, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
As the amount of companypensation payable to the owner of the warehouses companyld number be fixed by agreement an Arbitrator was appointed under s. 19 1 b of the Defence of India Act, 1939.
By an order dated August 17, 1943 and issued under Rule 75A of the Defence of India Rules, 1939, the warehouses were requisitioned and possession thereof was taken on September 21, 1943.
The Judgment of the Court was delivered by SHAH, J. Messrs. Surajmull Nagarmull who will hereinafter be referred to as the apeellants were tenants of three warehouses and vacant land appurtenant there topopularly known as the Shamnagar Jute Godown belonging to Sri Hanuman Seva Trust.
The appellants estimated the companypensation at Rs.
Before the Arbitrator, Sri Hanuman Seva Trust claimed companypensation as owners of the warehouses.
The appellant claimed companypensation for loss of earnings, ,damage to business and companyt of removal of 18,000 maunds of jute and some iron implements, which the appellants claimed had to be removed in companysequence of the order of requisition.
April 17.
The Arbitrator by his order dated December 13, 1947 observed that the appellants had failed to prove any actual loss of business in companysequence of the requisition, and rejected the claim of the appellants.
