JUDGMENT :- The plaintiff has filed this said for declaration that the defendant has no right to obtain possession of a certain flat from Government and for an order against the defendant to hand over possession of the flat, being flat No. 13, to the plaintiff. It appears that the defendant is described as the person who was a monthly tenant of flat No. 13 in a building known as Jivan Vihar which was requisitioned by Government on 8th August 1914. The possession of the flat was taken from the defendant, who claims to be the tenant, on 5th May 1945. The Government derequisitioned the flat on 27th May 1947. On the order of derequisition being passed, the Government gave possession of the flat to the party from whom the Government had taken possession at the date of the requisition, namely, the defendant.

2. In short, the plaintiffs case is that at the date when the requisition order was served both on the plaintiff and the defendant, the defendants tenancy of the flat came to an end.

3. The facts of the case are not in dispute, and the only question before the Court is to answer the following issue, namely,

"Whether on the Government requisitioning the flit in the occupation of