STATE OF BOMBAY Vs. BHANJL MUNJI

JUDGEMENT

(1.) This judgment will govern Civil Appeals Nos. 146 and 147 of 1952 (These seem to be appeals from AIR 1952 Bom 16 and AIR 1952 Bom 468 -Ed.) as well. We will first deal with the questions that are common to them all. They arise out of three petitions made in the Bombay High Court for writs of 'mandamus' under Article 226 of the Constitution. The writs have been granted and the State of Bombay appeals.

(2.) The facts are these.

(3.) The respondents are either the owners or the tenants of the premises requisitioned. In Civil Appeal No. 145 of 1952 the respondents are uncle and nephew. The uncle, who is the first respondent, is the tenant. The second respondent is his nephew. He and his family live with the first respondent in the requisitioned premises.