( 1 ) THIS appeal is against the judgment and order dated the 19th November, 1979 of Mrs. Padma Khastgir, J, making the rule absolute in a writ petition under Article 226 of the Constitution made by the respondents petitioners, inter alia, challenging an order of requisition bearing No. 4/79 dated the 28th May, 1979, made under Sub-section (1) of Section 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as the 1947 Act), requisitioning the south west corner flat on the first floor of Block 'k' of premises No. 167, Rash Behari Avenue, Calcutta, known as 'jasoda Bhawan' (hereinafter referred to as the said flat ).

( 2 ) THE facts shortly are that one Pradip Kumar Roy and Sm. Gouri Bala Roy, since deceased, the owners of premises Nos. 167a to 167m. Rash Behari Avenue. Calcutta known as 'jasoda Bhawan' by a registered Deed of Lease dated the 5th January, 1970 granted a lease of the said premises in favour of the respondent petitioner No. 1 Pulin Krishna Roy Estate (P) Ltd. for a period of 10 years commencing from the 1st January, 1970, with an option for renewal for a further period of 40 years. The said