JUDGMENT

BHAGWATI, J.:—Special leave granted.

2. This appeal by special leave raises a short question of law as to whether an order of requisition of premises can be continued for an indefinite period of time or it must necessarily be of temporary duration. The facts giving rise to this appeal are few and may be briefly stated as follows :

One Rukmanibai was the owner of a building bearing House No. 65, Police Station Road, Ville Parle West, Bombay. The ground floor of this building comprised a flat which was in the occupation of one N. C. Shah as a tenant and since N. C. Shah was going to vacate the flat, Rukumanibai gave intimation of the proposed vacancy to the State Government and requested the State Government to allot the premises to the appellant who was her nearest relative. The appellant also addressed a letter dated 12th March 1951 to the Chief Officer of the Accommodation Department of the Government of Bombay requesting that he should be allotted the flat which was going to be vacated by N. C. Shah. It appears however that the request of the appellant was turned down by the State Government and ultimately the flat was requisitioned by an order dated 9th April 1951 made by