Judgment

BHAGWATI J. : This appeal by special leave from a judgment of the High Court of Judicature at Bombay in Appeal No. 117 of 1952 raises a short point as to the construction of Cl. 3 of the Requisitioned Land (Continuance of Powers) Ordinance, 1946.

2. The suit out of which this appeal arises was commenced by the first respondent against the appellants and the second respondent for delivery of vacant and peaceful possession of the three shops situated on the ground floor of the premises known as "Irani Manzil". The first respondent was the owner of the said immovable property which had been requisitioned on 15-4-1942 by the Collector of Bombay in exercise of the powers conferred upon him by R. 75-A (1)of the Defence of India Rules read with the Notification of the Government, Defence Co-ordination Department, No. 1336/OR/1/42 dates 15-4-1942.

The order of requisition was in the following terms:

"Order No. M. S. C. 467/H-Whereas it is necessary for securing the public safety and the efficient prosecution of the war to requisition the property specified in the schedule hereto appended .......... I. M. A. Faruqui, the collector of Bombay, do hereby requisition the said property and