Leach, C.J.

1. On 21st August 1948 the appellant purchased a house known as "Omar Bagh" in Nungambakkam, Madras. He acquired the property as a residence for himself and the members of his family. At the date of the purchase the house was in the occupation of Mr. P. Venkataramana Razu, Superintending Engineer, (A. R. P. and Aerodromes), Madras. It was inconvenient for Mr. Razu to move at once and he desired to remain in occupation until he could get a suitable residence elsewhere. We shall refer later in detail to what transpired between the date of the purchase by the appellant and 18th December 1943 when Mr. Razu vacated the house. For the moment it is sufficient to mention that on 11th December the Collector of Madras requisitioned the house under Rule 75A of the Rules framed under the Defence of India Act, 1939, for the residence of his successor. This order was served upon the appellant on 15th December. Thereupon he interviewed the then Collector (Mr. Bhaskara Rao) and the Chief Secretary (Mr. G. W. Priestly) with the object of obtaining the cancellation of the requisition order. He was not successful and consequently on 17th December he filed in this Court an applicati