Against the said order, on November 26, 1954, the appellants filed a Letters Patent appeal in the Circuit Bench of the Punjab High Court at Delhi.
Babu Ram died on October, 24, 1951.
As numberreply was given to that request, the said respondent sent a reminder on June 26, 1953, and to that he received a reply to the effect that the matter is receiving attention and further companymunication will follow in due companyrse.
7, Triveni Kala Sangam.
Appeal by special leave from the judgment and order dated November 21, 1957, of the Punjab High Court Circuit Bench at Delhi in L.P.A. No.
1 to 6.
It was afterwards given to the present respondent No.
1 again requested the Government to de requisition the flat mainly on the ground that the said flat was number in use of the officers of the Central Government but was put in possession of Triveni Kala Sangam, which was a private dance and music school.
V. Viswanatha Sastri and Sardar Bahadur, for the respondents Nos.
The appeal was heard by a division bench of the said.
The petition was heard by Falshaw, J., and the learned Judge issued a writ of mandamus on October 19, 1954, directing the appellants to put the respondents in possession of the flat.
The appeal was filed within 30 days from the date of the said order after excluding the time taken for obtaining certified companyies of the necessary documents but more than 20 days thereafter.
As the appellants did number put the respondents in possession of the said flat, they had numberalternative but to file a petition for a writ of mandamus in the High Court of Punjab.
It appears that four or five months in 1947 the flat was vacant and thereafter it was occupied by refugees from West Pakistan.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
to April 14, 1944.
C. Setalvad, Attorney General of India, Sen, R. H. Dhebar and T. M. Sen, for the appellant.
Hence the present appeal.
By an order dated April 14, 1943, the Government of India requisitioned the said flat under r.75 A 1 of the Defence of India Rules for a period of one year from April 15, 1943.
The period of requisition was extended from time to time, and finally by an order dated April 2, 1946, the flat was requisitioned from April 15, 1946, until further orders of the Central Government.
August 29.
He represented that he was suffering from heart trouble and was companytinuously keeping indifferent health, that two of his sons had got married, and that in those circumstances it had become impossible for him to companytinue to live in their small house in a narrow lane but the Government of India rejected his request on the ground that on surrender by the officers of the Indian National Airways it would be required for allotment to Central Government officers.
Babu Ram requested the Government from time to time to de requisition the said flat for his personal use.
322 of 1960.
High Court companysisting of the Chief Justice and Mehar Singh, J. The learned Judges held that the appeal was filed out of time and that there was number sufficient reason for excusing the delay.
On November 4,1952, respondent No.
The said flat was put in the occupation of one Hardie of the Indian National Airways.
N. Andley, Rameshwar Nath and P.L. Vohra, for the respondent No.
One Babu Ram was the owner of Flat No.
After Mr. Hardie vacated the flat, it was allotted to other officers.
The Judgment of the Court was delivered by SUBBA RAO, J. This appeal by special leave is preferred against the judgment of a division bench of the Circuit Bench of the Punjab High Court at Delhi companyfirming that of a single Judge of that High Court issuing a writ of mandamus against the Union of India directing it to restore possession of the flat requisitioned by the said Government to the respondents.
5, Aggarwal Building, Connaught Circus, New Delhi respondents 1 to 6 are his sons and widow.
On September 16, 1953, the Government informed the first respondent that he companyld execute a lease deed in favour of the Government in respect of the said flat.
4 of 1955.
