The requisitioning of property under Rule 75A of the Defence of India Act, 1939, must be necessary for maintaining supplies and services essential to the life of the community, and the delegation of power to the Collector must be lawful.

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 application under Section 45, Specific Relief Act, for an order quashing the order of requisition. The application was heard by Bell J. during the Christmas vacation as the matter was one of urgency. The learned Judge held that the appellant had not made out a case for interference with the order and consequently dismissed the application. The appeal is from the judgment of the learned Judge. The appellant avers that the Collector had no power to issue the order of requisition and his learned Counsel has advanced a number of reasons for this assertion. The appellant also says that even if the Collector possessed the power, the order issued by him amounted to an abuse of it.

2. Before the purchase of the house by the appellant it belonged to one Mr. D. D. Italia, who on 4th August 1943, no doubt at the request of the appellant, issued a notice to Mr. Razu to quit by the end of that month. At the time there was a great shortage of houses in Madras. This is so well known that the Court is justified in taking judicial notice of the fact. Having received the notice to quit, Mr. Razu wrote through an advocate of this Court, Mr. Rajaram to Mr. Italias agent stating that it was impossible for him to comply with the demand that he should vacate the house by the end of August. He would make every endeavour to secure a suitable house and when he had done so he would vacate. He did not comply with the notice and nothing further happened until 20th September when Mr. Shamanna, the appellants solicitor, wrote to Mr. Razu pointing out how his client was being inconvenienced by being kept out of the house which he had bought for his family residence. His wife and children had been brought from Hyderabad, Sind, to Madras and he had no other suitable residence for them. There was no reply to this letter. On 14th October Mr. Shamanna wrote to Mr. Razu pointing out that the appellant had shown every con. sideration for him, but he must vacate by the end of October, otherwise he would have to resort to legal proceedings. On 16th October Mr. Sundaram wrote again stating that his client was endeavouring to secure a suitable bungalow and would vacate as early as it was practicable for him to do so. Further correspondence of this nature passed between the lawyers of the appellant and Mr. Razu and the month of December found Mr. Razu still in occupation, although he had reiterated his intention to vacate as soon as he could find some other suitable house. On 7th December Mr. Sundaram wrote to Mr. Shamanna stating that Mr. Razu would vacate Omar Bagh by 1st January 1944. This letter was followed by a request made on behalf of the appellant that Mr. Razu should vacate by 13th December and not at the end of the month. On 13th December, Mr. Sundaram wrote to Mr. Shamanna stating that his c