S HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a rule obtained by Harbhajan Singh against an order of the District Magistrate requisitioning the house in dispute under the East Punjab Requisitioning of Immovable Property (Temporary Powers) Act, 1948 as amended by the Act of 1951.

(2.) The petitioner alleges that the notice was issued to him on 17-7-1952 by the District Magistrate and he made his representation on the 21st July stating that the house was not lying vacant and it was 'bona fide' used as residence by himself. The District Magistrate did not accept this and in spite of this representation issued the order of requisition on 12-8-1952. On 26-8-1952 the petitioner obtained a rule from this Court and delivery of the possession of the house was stayed.

(3.) In the meanwhile the previous Act has been repealed and a new Act has been passed which is Punjab Act, No. 11 of 1953. In the proviso to Section 3(2) it is now provided that no property or part thereof can be requisitioned if it is in 'bona fide' use of the owner as residence for himself or for his family. Section 25 of this Act deals with repeals and savings. Second sub-section of this section reads as under: