J.K.Tandon, J. - (1.) The facts giving rise to this petition are briefly these:
(2.) The dispute is with respect to house No. 1213 situate at Bagh Muzaffar Khan, Agra, which belonged formerly to one Shri Shadi Ram Loomba, who was an engineer but retired from service sometime prior to 23-7-1953. In July 1953 he went to Bombay, where his son was in service after locking this house. His luggage nevertheless remained in the house. On 23-7-1953 the District Magistrate of Agra, who then was Shri J.M. Raina, requisitioned the said house purporting to act under Section 3 of the U. P. (Temporary) Accommodation Requisition Act, 1947. This section provides that: "If, in the opinion, of the District Magistrate it is necessary to requisition any accommodation for any public purpose he may, by order in writing, requisition such accommodation and may direct that the possession thereof shall be delivered to him within such period as may be specified in the order." One of the provisions in the section further provides that: "No accommodation which is in the actual occupation of any person shall be requisitioned unless the District Magistrate is further of opinion that suitable alternative accommodation exists for his needs or has been provided to him." In the present case, admittedly, Shri Loomba was not provided with any alternative accommodation. The order passed by the District Magistrate was as follows: "In exercise of the powers conferred by Section 3 of the U. P. (Temporary) Accommodation Requisition Act, 1947 (Act No. XXV of 1947) as amended from time to time and extended upto 30-9-1954, I.J.M. Raina, IAS, District Magistrate, Agra, requisition house No. 1213 situate at Bagh Muzaffar Khan, Agra, for public purposes and order that within 16 days of the date of service of this order on the occupants of the premises all moveable property of the occupants be removed and the premises handed over to Shri Randhir Singh Magistrate 1st Class. It is further ordered that the owner Shri Shadi Ram Loomba, Retired Engineer, in view of his letter dated 16-6-53 to Shri J.D. Sharma agreeing to let it out on rent does not actually need the accommodation for his own use, also does not need an alternative accommodation in lieu of this house........ ....."
(3.) It does not appear that any notice was sent to Shri Loomba prior to the requisition of the house. After the requisition order had been made the possession of the house was handed over to Shri Randhir Singh, Magistrate 1st Class, who then occupied it for his own residence. When Shri Loomba came to know of these developments, he applied to the Rent Control and Eviction Officer complaining against the said requisition. The matter was referred to the District Magistrate also and ultimately an understanding appeared to have been reached between Shri Loomba, on the one hand, and the District Magistrate on the other, wherefore Shri Loomba did not press his application and the District Magistrate in his turn approved that the house would be released from requisition upon Shri Randhir Singh's transfer from Agra. Shri Loomba sold the house to the petitioner and according to the latter he also authorised him to act on his behalf in all matters ancillary to de-requisition of the house.;