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1957 Supreme(P&H) 101

D.FALSHAW, MEHAR SINGH
Satish Chander – Appellant
Versus
Delhi Improvement Trust, Etc. – Respondent


Judgment

Falshaw, J.

1. The question whether the Government Premises (Eviction) Act 27 of 1950 is ultra vires of the Legislature on the ground that it offends certain principles laid down in the Constitution of India has arisen in a large number of cases pending in this Court, including a number of writ petitions filed under Article 226 of the Constitution as well as in a reference by a Subordinate Judge to the High Court under the provisions of Section 113, Civil Procedure Code. Several of these cases, including the reference, have been placed before the Bench for hearing today and we have decided that the best method of dealing with the matter is to answer the question referred to the Court by the Subordinate Judge under Section 113, civil Procedure Code, and to leave the writ petitions to be decided by Single Judges in accordance with the answer given to the question referred to us and any special features which may arise in the individual cases.

2. The suit in which the reference has been made was filed by two brothers, Satish Chandar and Suresh Chandar, against the Delhi improvement Trust and certain pro forma defendants, who are apparently related to the plaintiffs, on the all








































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