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PETITIONER: LILAVATI BAI
Vs.
RESPONDENT: THE STATE OF BOMBAY
DATE OF JUDGMENT: 05/03/1957
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA DAS, S.K. GAJENDRAGADKAR, P.B.
CITATION: 1957 AIR 521 1957 SCR 721
ACT: Premises, Requisition of-Constitutional validity of enactment-Order of Government on declaration of vacancy- Enforceability-Findings, if liable to be reopened-Power of Court-Tenancy, when can be deemed to have been terminated- Ejusdem generis, applicability of-Death of a Party before the Passing of the Order-Effect Bombay Land Requisition Act (XXXIII Of 1948), as amended by Amendment Act 11 of 1950 and Second Amendment Act XXXIX if 1950, Ss. 5, 6, 6 Explanation (a)--Constitution of India, Arts. 19(1)(f), 31, 32, 226.
HEADNOTE: By these two petitions, the petitioner challenged the constitutional validity of the Bombay Land Requisition Act, 1948, as amended by the two amending Acts of 1950, and the enforceability of an order of requisition made by the Governor of Bombay under s. 6 (4) (a) of the Act. The petitioner as the widow of the tenant claimed to be in possession, while the case made on behalf of the Government was that the tenant had before his death vacated the premises and handed over possession to a lodger. A copy of the order of requisition was affixed to t...