- (1.) THIS in a plaintiff's appeal against an appellate decree passed by the 2nd Additional District judge of Delhi, confirming the decree passed by the trial Court.
(2.) RAJ Rani plaintiff claims to be the owner of the premises in suit. On the 14th of April 1949, a notice was given under Section 3 (3) of the Delhi Premises (Requisition and Eviction) Act XLIX of 1947. This notice was addressed to Sham Lal who is the husband of Raj Rani and was accepted by him as indeed it had to be. A copy of the notice was also affixed on the premises and notice was also served on the tenants. The notice was in the following terms: "notice for Requisitioning under Section 3 (3) of the Delhi Premises (Requisition and Eviction)Act, 1947. . . . . . Whereas in my opinion it appears that the premises noted below are needed for Public purpose, and it is necessary to requisition them, now therefor, I. Rameshwar Dayat P. C. S. , Collector delhi, in exercise of my powers under Section 3 (3) of the Delhi Premises (Requisition and eviction) Act, 1947 call upon the landlord Sham Lal to show cause within seven days why the premises in question should not be requisitioned. I further direct that the premises as specified below shall not without my permission be disposed of or structurally altered. SCHEDULE. 4 flats (under construction ). House No. 13-A situate in street Darya Ganj, Delhi in Delhi and owned by Sham Lal. Sd/ R. Dayal collector, Delhi, no. 115/hrc dated Delhi, the 14-4-1949. Copy forwarded to the Tehsildar, Delhi with two spare copies for service of this notice and order on the landlord and occupier of the premises. If any of them is not readily traceable, the service should be effected by affixing a copy of the notice to any conspicuous part of the premises in question. Sd/ R. Dayal collector, Delhi. "
(3.) OBJECTIONS were raised to the notice of requisition by the tenants and on the 27th of April 1949, the Collector passed the following order : "the contention that the flats are under occupation is entirely wrong. I located these flats myself and saw them empty. It is a well-known subterfuge to put name plates far in advance. Booking of houses when even not ready is a procedure adopted to charge premiums and requisition. Sd/ R. Dayal. 27-4-1949. ";