Requisitioning of house does not offend fundamental right enshrined under Article 19 of Constitution.

This is an application for issuing a writ of certiorari to quash the order of the Accommodation Controller dated the 17th July, 1951 and 4th August, 1951. The petitioner is the owner of the house and premises No. 1/3, Jones Street, George Town, Madras. On 15th January, 1951, one Fernando wrote a letter to the Accommodation Controller stating that he was a tenant of the said premises and that he was vacating the same on 15th January, 1951. After making some enquiries, on 7th February, 1951, the Accommodation Controller issued a notice to the petitioner under section 3(1) of the Madras Buildings (Lease and Rent Control) Act, 1949 (hereinafter called the Act) calling for particulars and intimating her that the premises have to be kept vacant for seven days from the date of the furnishing of the particulars. The petitioner did not reply to that notice. On 25th April, 1951, a complaint was filed in the Court of the Chief Presidency Magistrate and the Petitioner was fined a sum of Rs. 75. The Accommodation Controller allotted the house to one Waters. As the petitioner did not give peaceful possession, on 4th August, 1951, the respondent issued a notice under section 3(8) of the Act directing the petitioner to deliver possession and also stating that if no vacant possession was given necessary steps would-be taken to obtain the same. The petitioner states that the said premises is a non-residential house and that she has let the same to one Abdulla Sait in or about the end of 1950 and since that time he has been carrying on business in the said premises. She further alleges that the monthly rent of the building is less than Rs. 50 and therefore she is not bound in law to give the notice to the Accommodation Controller.

Learned counsel appearing for the petitioner raised before me various legal contentions questioning the validity of the requisition. I shall proceed to deal with them in seriatim.

The first argument is that the tenant has not occupied the building in contravention of the provisions of section 3(4) prohibiting the letting of the building, which would come into play only if the statutory notice was given and that in the instant case such notice was not given. This argument appears to be plausible, but, in my view, not sound. To appreciate this contention the following provisions of the Act may be read:

Section 3(1)(a).- Every landlord shall, within seven days after the building becomes vacant by his ceasing to occupy it, or by the termination of a tenancy, or by release from requisition give notice of the vacancy in writing to the officer authorised in that behalf by the State Government (hereinafter in the section referred to as the ‘authorized officer’).

Section 3(3).- If, within ten days of the receipt by the authorised officer of a notice under subsection (1) or sub-section (2), the State Government or the authorised officer does not intimate to the landlord in writing that the building is required for the purposes of the State or Central Government or of any local authority or of any public institution under the control of any such Government or for the occupation of any officer of such Government, the landlord shall be at liberty to let the building to any tenant or to occupy it himself.

Section 3(4).- The landlord shall not let the building to a tenant or occupy it himself, before the expiry of the period of ten days specified in sub-section (3), unless in the meantime he has received intimation that the building is not required for the purposes, or for occupation by any of the officers, specified in that sub-section.

Section 3(8)(a).- Any officer empowered by the State Government in this behalf may summarily dispossess-

(i) any landlord, tenant or other person occupying any building in contravention of the provisions of this section or any landlord who fails to deliver to the State Government possession of any building in respect of which they are deemed to be the tenant by virtue of this section......and take po