Judgement

SINHA, J. : By this petition under Art. 32 of the Constitution and Petition No. 140 of 1955 for special leave to appeal from the judgment of the Bombay High Court dated March 29, 1955, in Appeal No. 63 of 1954 confirming that of a single Judge of that Court dated April 21,1954, the petitioner challenges the constitutionality of the Bombay Land Requisition Act (Act XXXIII),1948, hereinafter referred to as "The Act" and the enforceability of the order dated January 27,1954, made by the Governor of Bombay in pursuance of S.6 (4) (a) of the Act.

2. The petitioner is the widow of one Dharamdas Chelleram, who was a tenant of the premises in, question. The said Dharamdas Chellarm died in November 1951, leaving him surviving his widow and a daughter. The petitioner alleged that she had been occupying the premises in question as a member of her husband s family since 1938 and that the tenant aforesaid had at no material date ceased to occupy the premises. She also alleged that one Narottam Das Dharamsey Patel was a mere lodger who was occupying a portion of the premises by leave and licence of her husband. The said Narottam das had no interest in the premises in question and had as