Judgment

SUBBA RAO, J. : This appeal by special leave is preferred against the judgment of a Division Bench of the Circuit Bench of the Punjab High Court at Delhi confirming that of a Single Judge of that High Court issuing a writ of mandamus against the Union of India directing it to restore possession of the flat requisitioned by the said Government to the respondents.

2. One Babu Ram was the owner of Flat No. 5, Agarwal Building, Connaught Circus, New Delhi; respondents 1 to 6 are his sons and widow. By an order dated April 14,1943, the-Government of India requisitioned the said flat under R. 75-A (1) of the Defence of India Rules for a period of one year from April 15, 1943 to April 14, 1944. The said flat was put in the occupation of one Hardie of the Indian National Airways, The period of requisition was extended from time to time, and finally by an order dated April 2, 1946, the flat was requisitioned from April 15,1946, until further orders of the Central Government. After Mr. Hardie vacated the flat, it was allotted to other officers. Babu Ram requested the Government from time to time to de-requisition the said flat for his personal use. He represented that he was suffering