LILA VATI BAI Vs. STATE OF BOMBAY

JUDGEMENT

(1.) By this petition under Art. 32 of the Constitution and Petition No. 140 of 1955 for special leave to appeal from the judgment of the Bombay High Court dated March 29, 1955, in Appeal No. 63 of 1954 confirming that of a single Judge of that Court dated April 21,1954, the petitioner challenges the constitutionality of the Bombay Land Requisition Act (Act XXXIII),1948, hereinafter referred to as "The Act" and the enforceability of the order dated January 27,1954, made by the Governor of Bombay in pursuance of S.6 (4) (a) of the Act.

(2.) The petitioner is the widow of one Dharamdas Chelleram, who was a tenant of the premises in, question. The said Dharamdas Chellarm died in November 1951, leaving him surviving his widow and a daughter. The petitioner alleged that she had been occupying the premises in question as a member of her husband's family since 1938 and that the tenant aforesaid had at no material date ceased to occupy the premises. She also alleged that one Narottam Das Dharamsey Patel was a mere lodger who was occupying a portion of the premises by leave and licence of her husband. The said Narottam das had no interest in the premises in question and had as a matter of fact, vacated the portion in his occupation some time in the year 1953. On behalf of the State of Bombay, the respondent it has been stated on affidavit by the Accommodation Officer that it is not a fact that the petitioner resided in the premises in question and that the facts were that the said Dharamdas, the tenant, had vacated the premises in October 1952 and had handed over possession of the premises to the said Ngrottamdas Dharamsey Patel. Hence it is alleged that it was not a fact that at the time of her husband's death in November 1953 the petitioner was residing in the premises in question. These facts had been stanted before the High Court also on an affidavit made in opposition to the petitioner's case in the High Court. The petitioner's grievance is that towards the end of January 1954 she found pasted on the outer door of the premises an order dated January 21, 1954, said to have been made by the Governor of Bombay and which is said to be the occasion for her moving the High Court of Bombay for a writ of mandamus against the State of Bombay to refrain from giving effect to the aforesaid Order. The Order impugned is in these terms:-

(3.) This Order was meant to be served on (1) Shri Hirabhai H. Patel, admittedly the landlord of the promises (2) Shri Narrttam Dharamsey Patel aforesaid, and (3)Shri Dharamdas Chellaram, who as already indicated, was dead at the date, the Order was made.