TARABAI JIVANLAL PAREKH Vs. LALA PADAMCHAND

JUDGEMENT

(1.) THE plaintiff has filed this suit for declaration that the defendant has no right to obtain possession of a certain flat from Government and for an order against the defendant to hand over possession of the flat, being flat No.13, to the plaintiff. It appears that the defendant is described as the person who was a monthly tenant of flat No.13 in a building known as Jivan Vihar which was requisitioned by Government on 8th August 1944. THE possession of the flat was taken from the defendant, who claims to be the tenant, on 5th May 1945. THE Government derequisitioned the flat on 27th May 1947. On the order of derequisition being passed, the Government gave possession of the flat to the party from whom the Government had taken possession at the date of the requisition, namely, the defendant.

(2.) IN short, the plaintiff's case is that at the date when the requisition order was served both on the plaintiff and the defendant, the defendant's tenancy of the flat came to an end.

(3.) THE order made for requisitioning was made under Rule 75 (a), Defence of India Rules. Rule 75 (a) talks of the power of the Government to make order in writing, requisitioning any property, movable or immovable. THEn Sub-rule (2) of the rule says that where the Government had requisitioned any property under Sub-rule (1), the Government may use or deal with it as may appear to it expedient, and may acquire it. It is clear that under Sub-rule (3), on the notice of acquisition being served, on the very day on which the notice is served, the property vests in the Government. This is on the same lines as the notification under the Land Acquisition Act, whereby the property passes from the owner to the Government and vests in the Government. This power to acquire requisitioned property is again referred to in Section 19 (a), Defence of India Act, which is in similar terms as the rule I have referred to above. Under Section 19 (b) the condition of derequisitioning is set out. By Section 19 (b), the Government, on derequisitioning premises, is to hold an enquiry, or cause an enquiry to be made, and thereafter specify by order in writing the person to whom possession of the property shall be given. Under Sub-section (2) of Section 19 (b), however, the delivery of the possession of the property discharges all liabilities of the Government in respect of the property, but the Sub-section says that that shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is given.