Law: Sind (Requisition of Land) Act (XLVI of 1947)

Section: 4(1),4(f),3-A

Law: Civil Procedure Code (V of 1908)

Section: 104,22

  Sind (Requisition of Land) Act (XLVI of 1947)-----S. 4 (1)(f) Appeal against award-Cross objections maintainable against such appeal-Provisions of Civil Procedure Code applicable-Act covered by expression "by any law" occurring in S. 104, (appeal from orders) Civil Procedure Code (V of 1908)-Civil Procedure Code (V of 1908), O. XLI, r. 22 & O. XLIII, r. 2, applicable.   Lal Khazanchi Shah v. Haji Niaz Ali A I R 1940 Lah. 438 rel.   Mst. Sabitri Thakurain v. Savi and another A I R 1921 P C 80 and R. M. A. R. A. Adaikappa Chettiar and another v. Chandrasekhara Thevar A I R 1948 P C 12 fol.   Sind (Requisition of Land) Act (XLVI of 1947)-----S. 3-A Compensation-Interest-Interest on compensation permissible from date of acquisition till date of payment at Rs. 4 p. c.   First Appeal No. 145 of 1960, decided on 3rd March 1965 (unreported) fol.   Date of hearing : 4th March 1965.   JUDGMENT   INAMULLAH, J.-----This is an appeal under section 4(1) (f) of the Sind (Requisition of Land) Act, XLVI of 1947, hereinafter called the Act, against an award dated the 23rd of August 1960, under section 4 of the said Act.   The facts giving rise to the appeal, briefly put, are these: Plot No. 206 measuringabout 1,557 sq. yards situated in Garden West, Karachi, was requisitioned by the Sind Government on 1st July 1947. It was subsequently acquired by the Central Government on the 30th of March 1955. The plot is said to be owned by Shamsuddin and Ramzan alias Shamboo. It was purchased by them in 1946 for a sum of Rs. 15,570 at the-rate of Rs. 10 per square yard.   There was a dispute about the compensation. Mr. Ashhad Ali, Official Assignee, wasappointed an arbitrator under the Act. The Government contended that the compensation should be determined at the rate of Rs. 8 per square yard, while the respondent contended that the value of the plot was much more, and the compensation should be determined at the rate of Rs. 25 per square yard. The respondents also claimed interest from the date of acquisition till the date of payment " of the compensation.   The arbitrator awarded compensation at the rate of Rs.…