KAUTENDRA JAYRNUKHIAL MAJUMDAR Vs. COLLECTOR OF BARODA

JUDGEMENT

(1.) This appeal, by special leave, raised the question whether the requisitioning authority under the Bombay Land Requisition Act, 1948 (Bom. Act XXXIII of 1948) can, on de-requisitioning a premises, ask the allottee in possession of the premises to vacate it.

(2.) The premises in suit were requisitioned for the appellant in December 1953 when he was an Assistant Registrar of the Baroda University. He left the service at Baroda in December 1957 and was serving at Gorakpur when the impugned order asking him to vacate the premises was made on February 23, 1962.

(3.) To appreciate the contentions raised for the appellant, we may set out some further facts. There had been litigation between respondent No. 2 and the appellant in 1958 on the basis that the appellant was the tenant of respondent No. 2. The suit for ejecting the appellant from the premises was instituted on the ground that respondent No. 2 required the premises bona fide for personal occupation. It was ultimately dismissed on the ground that the Bombay Rents, Hotel and Lodging House Rates Control Act; 1947 (Bom. Act LVII of 1947) did not apply to the premises requisitioned by Government in view of S.4 of that Act.