Chagla, C. J. :- By this petn. the petnr. challenges an order of requisition made by Govt. dated 22-11-1949, under S. 6 (4) (a), Bombay Land Requisition Act, 1948. The petn. came before our brother Shah J. and before him the correctness of a decision of our brother Tendolkar J. reported in Jagatchandra v. Province of Bombay, 51 Bom. l. R. 997 : (A. I. R. (37) 1950 Bom. 144) was questioned. Shah J. had several other petns. before him where the same question was likely to arise, and in order that the matter should be finally settled I directed that the petn. should be placed before a bench, and this petition has now come up before this bench to decide the question, whether, when the Govt. makes a declaration under proviso I to S. 6 (4) that certain premises were or had become vacant, it is competent to the petnr. to go behind that declaration.

2. Section 6 of the Act provides that if any premises situated in a particular area are vacant and whenever any such premises are vacant or become vacant by reason of the landlord, the tenant, or the sub-tenant, as the case may be ceasing to occupy the premises or by reason of the release of the premises from requisition or by reason of