Judgment

GROVER, J.:- This is an appeal by special leave from the judgment of the Punjab High Court in which the sole question involved is whether the Additional District Magistrate, Gurdaspur who had been invested with all the powers of the District Magistrate under Section 10 (2) of the Code of Criminal Procedure could make an order under Section 29 (1) of the Defence of India Act, 1962, hereinafter called the "Act", requisitioning a shop belonging to Batala Engineering Co. Ltd., which was in occupation of the appellant as a tenant.

2. The facts may be shortly stated. The appellant claims to have been carrying on the business of a Commission Agent in machines in the said shop at Batala for the last 10 years as a tenant on a monthly rental of Rs. 20. According to the allegations made by the appellant herein in the petition which he filed in the High Court under Arts. 226 and 227 of the Constitution, Batala, Engineering Co. Ltd., (respondent No. 1 herein) had filed an application for his ejectment in January 1964 before the Rent Controller, Batala but realising the weakness of its case the said respondent resorted to the device of getting the shop requisitioned at the instance of the