JAGDISH NARAIN BHARGAVA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The facts giving rise to this petition are briefly these:

(2.) The dispute is with respect to house No. 1213 situate at Bagh Muzaffar Khan, Agra, which belonged formerly to one Shri Shadi Ram Loomba, who was an engineer but retired from service sometime prior to 23-7-1953. In July 1953 he went to Bombay, where his son was in service after locking this house. His luggage nevertheless remained in the house. On 23-7-1953 the District Magistrate of Agra, who then was Shri J.M. Raina, requisitioned the said house purporting to act under Section 3 of the U. P. (Temporary) Accommodation Requisition Act, 1947. This section provides that:

(3.) It does not appear that any notice was sent to Shri Loomba prior to the requisition of the house. After the requisition order had been made the possession of the house was handed over to Shri Randhir Singh, Magistrate 1st Class, who then occupied it for his own residence. When Shri Loomba came to know of these developments, he applied to the Rent Control and Eviction Officer complaining against the said requisition. The matter was referred to the District Magistrate also and ultimately an understanding appeared to have been reached between Shri Loomba, on the one hand, and the District Magistrate on the other, wherefore Shri Loomba did not press his application and the District Magistrate in his turn approved that the house would be released from requisition upon Shri Randhir Singh's transfer from Agra. Shri Loomba sold the house to the petitioner and according to the latter he also authorised him to act on his behalf in all matters ancillary to de-requisition of the house.