Search Results Page

Search Results

1 - 9 of 9 (0.43 seconds)
Raghubans Narain Singh vs The Uttar Pradesh Government Through ... on 23 September, 1966 cites

Government Of Bombay vs Merwanji Muncherji Cama on 20 August, 1908

There can however be no doubt that apart from Zaidi's offer being relevant it was not an offer similar to an offer made by an irresponsible broker as commented in Government of Bombay v. Merwanji Muncherji(1). There is nothing also to show, that he or the appellant knew that a notification for acquisition was about to be issued or that he colluded with the appellant to fabricate evidence of an offer to enable the appellant to get better compensation. There is not even a faint suggestion in the cross examination on behalf of the Government that his offer was not genuine or that it was irresponsible. What is more significant is that no suggestion was made in his cross- examination that the offer was excessive or that it was not bonafide or that he had made it without properly considering it or without regard to the situation and the suitability of the land. There was therefore no justification in the remark made by the High Court that it could not be said whether his offer was genuine or not. The District Judge accepted it as genuine and if the High Court did not agree with his assessment of his evidence it ought to have given reasons for such disagreement. It is impossible thus to treat the evidence of Zaidi either as unacceptable or irrelevant. The second criticism by the High Court of Zaidi's evidence that his offer was made in exceptional circumstances and therefore cannot be regarded as one of a willing prospective purchaser is also not correct. At the time when Zaidi made his offer he was about to retire. He wanted to retire in his native place and desired to have a house which would be situate outside the town. His offer was for a grove-land with plenty of trees some of which were already bearing fruits and the rest were likely to yield fruit in the near future. The land abutted on the road, was next to the school and some houses had already been built on the other side of the road. In these circumstances it is difficult to appreciate why the High Court thought that the offer was not of a willing prospective buyer. There were other groves nearby and Zaidi had therefore an opportunity to select, if he wanted to, there being nothing to show that the owners of the other such lands were not willing to sell. Probably he selected this land because it was situated next to the school and abutted on the road. In view of these facts it is difficult to see how the High Court came to the conclusion that he made the said offer in special circumstances, agreeing to purchase the land under (1) 10 Bom. L. R. 907.
Bombay High Court Cites 6 - Cited by 19 - Full Document
1