MOHD SHARIF KHAN Vs. U P GOVERNMENT

JUDGEMENT

(1.) A house in the city of Pilibhit was in the occupation of Mohammad Umar, Circle Inspector of police on payment of Rs. 50 per month as rent. Mohammad Umar was transferred and was succeeded by Mustafa Khan. When Mustafa Khan wanted to occupy the house that was in the occupation of his predecessor-in-office, the owner of the house raised certain objections The district Magistrate thereupon requisitioned the house under Section 3, U. P. Temporary accommodation Requisition Act, 25 of 1947.

(2.) IN the year 1947, there being an acute shortage of houses which was, to a larger extent, due to influx of refugees and a movement of the population from the rural to the urban areas, the provincial Legislature passed this Act giving the District Magistrate a right to requisition any accommodation for any public purpose by an order in writing. If after such order and within the period specified in the Act, possession was not given, the District Magistrate was authorised under Section 11, to apply to the civil Court of competent jurisdiction for execution of the order passed by him under Section 3. The applicant not having given possession of the premises, the district Magistrate filed an application under Section 11 before the learned Civil Judge of pilibhit for execution; of the order under Section 3. Two objections were taken before the learned Civil Judge. The learned Civil Judge held that as he was an executing Court, it was not open to him to entertain those objections. Against that order an appeal was filed in this Court, being Execution First Appeal no. 141 of 1948, which was dismissed by us on 30-3-1948, on the ground that the order under Section 3 or the order under Section 11 were not appealable. This revision was, thereafter, filed on 7-4-1949 and it was admitted by a learned Single Judge of this court and it has come up before us for final hearing. A preliminary objection has been raised by mr. Jagdish Swarup that no revision lies.

(3.) LEARNED counsel for the applicant has urged two points. Firstly, that the house not having been requisitioned for a public purpose, the order of the District Magistrate was without jurisdiction, and secondly, that the application for execution not having been filed by the District Magistrate but by the Collector, the application; was not in order and the learned Civil Judge could not execute the order passed under Section 3.