Court : Supreme Court of India
Reported in : AIR1950SC222; (1951)53BOMLR1; (1950)IIMLJ703(SC); [1950]1SCR621
Kania, C.J.1. This is an appeal from a judgment of the High Court at Bombay and it relates to the power of the High Court to issue a writ of certiorari against the province of Bombay to quash an order to requisition certain premises. The material facts, as stated in the judgment of the High Court, are these. One Abdul Hamid Ismail was, prior to the 29th of January, 1948, the tenant of the first floor of a building known as 'Paradise' at Warden Road, Bombay, the landlord of which was one Dr. M. D. Vakil. On the 29th January, 1948, Ismail assigned his tenancy to the petitioner and two others, the son and brother's daughter's son of the petitioner (the respondent). All the three assignees were refugees from Sind. On the 4th February, 1948, the petitioner went into possession of the flat. On the 26th February, 1948, the Government of Bombay issued an order requisitioning the flat under section 3 of the Bombay Land Requisition Ordinance (V of 1947) which came into force on the 4th December,...
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