VARADARAJAN, J. :- This appeal is against the judgment and decree dated 18-3-1970 of the Additional District Judge, Pondicherry in O. S. No 160 of 1969. That was a suit filed by one Ghousia Begum, wife of Grochil Jahan Khan alias Kurshid Jan Pasha, the owner of the property acquired in pursuance of a notification made under Section 4 (1) of the Land Acquisition Act, 1894, by the Administrator of the Union Territory of Pondicherry on 8-12-1964. The suit was for a permanent injunction restraining the Union Territory of Pondicherry from, taking possession of the property in pursuance of the acquisition proceedings. Ghousia Begum claimed that she had a charge, as in a mortgage or "hypothecue legale" on the property for the mahar debt due to her from her husband. She filed the suit on 2-1-1969, nearly four months after the Code of Civil Procedure, 1908, was extended or made applicable to the Union Territory of Pondicherry by the Pondicherry (Extension of Laws) Act, 1968, repealing the French Civil Procedure Code. She had not issued the suit notice as required by Section 80 of the Civil Procedure Code, 1908, before filing the suit. The respondent contended inter alia that the suit was not maintainable for want of the notice. The parties agreed that the issue relating to the notice might be considered as a preleminary issue. The Court below found that the appellant, who could have filed the suit even before the Code of Civil Procedure, 1908 was extended to the Union Territory of Pondicherry as the Notification under Section 4 (1) of the Land Acquisition Act was made on 10-11-1964 (sic. the correct date of the notification is 8-12-1964) itself and the cause of action alleged had arisen long prior to 2-1-1969, and who had filed the suit only under Order VII, Rule 1 of the Civil Procedure Code, 1908, was bound to issue the notice as required by Section 80 of the Code. It held that the suit was not maintainable in the absence of the notice and rejected the plaint under Order VII, Rule 11 of the Code. Hence the appeal. W. P. No. 2795 of 1970:-

2. This writ petition has come before us as in the opinion of Ramaprasada Rao, J., it involves a question of considerable constitutional importance. The writ petition is for the issue of a Writ of Mandamus or any other appropriate writ, direction or order directing the respondents, the Union Territory of Pondicherry and the Union of India, to release from acquisition the land and building acquired in pursuance of the notification dated 8-12-1964 made under Section 4 (1) of the Land Acquisition Act, 1894.

3. An extent of 15084 sq ft., equivalent to 13 ares 19 centiares, of land in No. 5, Ranga Pillai Street, Pondicherry Town, was sought to be acquired for putting up an auto telephone exchange for to the Posts and Telegraphs Department at Pondicherry. The notification under Section 4 (1) of the Land Acquisition Act was published in the Pondicherry State Gazette on 8-12-1964 in pursuance of the delegation of the powers of the Central Government to the Administrator of the Union Territory of Pondicherry, in the Ministry of Home Affairs' proceedings No. G.II/Pondyl119/18/36 (S.R.O. 3165) dated 5-11-1963. The notification reads:

"In pursuance of clause (1) of Article 239 of the Constitution, the President hereby directs that subject to his control and until further orders the Administrator of the Union Territory of Pondicherry shall exercise the powers and discharge the functions of the Central Government under (i) the Land Acquisition Act, 1894 (I of 1894) except those under the provison to sub-section (1) of Section 55, and

(ii) the Land Acquisition (Companies) Rules, 1963 within that Union Territory."

4. The enquiry under Section 5-A of the Land Acquisition Act was held on 25-3-1965. The enquiry report shows that the owner Grochil Jahan Khan alias Kurshid Jan Pasha raised objection to the acquisition and that the Enquiry Officer was of the view that the objection was "neither considerable nor sust