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1967 Supreme(SC) 72

C. A. VAIDIALINGAM, R. S. BACHAWAT, M. HIDAYATULLAH, K. SUBBA RAO, J. M. SHELAT
Shah And Company Bombay – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.J.RANA, B.R.AGRAWAL, N.S.BINDRA, R.A.GAGRAT, R.H.Dhebar, R.N.SACH, S.P.NAIR, SOLI J.SORABJI

Judgment

VAIDIALINGAM, J. : In this writ petition, under Art. 32, the petitioner seeks to have quashed, the proceedings taken by the respondents, by way of requisitioning the premises, in question, and also to have the requisition order, dated September 24, 1966, cancelled.

2. The circumstances, under which this writ petition has been filed, may be briefly noted. The petitioner is a partnership firm, carrying on business of importers and dealers in wines and provisions and drugs and medicines, in Bombay. One Mrs. Dorethea Kumpig Leo, who was a tenant of shop No.1, on the ground floor of a building known as Sitaram Building, in C-Block Dadabhoy Naoroji Road, Fort, Bombay, was carrying on business of boot and shoe makers, in the name and style of Messrs. Lee and Co. She was also a tenant of Flat No. G-8/9, situate in the first floor of the same building and also of godown No. H/5, in the same building. The said flat, as well as the godown were occupied by Mrs. Dorethea, as tenant, in connection with and for the purposes of her shoe business.

3. By an assignment deed, dated August 18, 1964. Mrs. Dorethea Kumping Leo is stated to have assigned, in favour of the petitioners, the whole of h






























































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