( 1 ) THE facts giving rise to this petition are briefly these:

( 2 ) THE dispute is with respect to house No. 1213 situate at Bagh Muzaffar Khan, Agra, which belonged formerly to one Shri Shadi Ram Loomba, who was an engineer but retired from service sometime prior to 23-7-1953. In July 1953 he went to Bombay, where his son was in service after locking this house. His luggage nevertheless remained in the house. On 23-7-1953 the district Magistrate of Agra, who then was Shri J. M. Raina, requisitioned the said house purporting to act under Section 3 of the U. P. (Temporary) Accommodation Requisition Act, 1947. This section provides that:

"if, in the opinion, of the District Magistrate it is necessary to requisition any accommodation for any public purpose he may, by order in writing, requisition such accommodation and may direct that the possession thereof shall be delivered to him within such period as may be specified in the order. "

One of the provisions in the section further provides that:"no accommodation which is in the actual occupation of any person shall be requisitioned unless the District Magistrate is further of opinion that suitable alternative accommoda