Chagla, C.J.

1. This is an appeal from a judgment and order of Bhagwati J. by which he directed the issue of a writ of certiorari against the State of Bombay and set aside a requisitioning order made by Government.

2. The petitioners purchased a property called Motabhoy Mansion situated on Churchgate Reclamation towards the end of 1943, and one Mrs. Coultrup was a tenant of a flat on the first floor of that building. On 31-10-1947, the petitioners gave her a notice terminating her tenancy at the end of the next two months and the tenancy came to an end on 31-12-1947. But Mrs. Coultrup continued to occupy the flat as a statutory tenant right up to January 1949. In or about the second week of January 1949 she left the premises and one Kundanmal Mahatani went into possession. Government requested the petitioners to accept Mahatani as their tenant in place of Mrs. Coultrup because they said Mrs. Coultrup had exchanged this flat with Mahatams flat in Karachi. The petitioners were not prepared to accept this arrangement whereupon Government issued an order under Section 6 (4), Bombay Land Requisition Act, 1948, requisitioning these premises and directing the petitioners to let thes