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1951 Supreme(All) 121

SAPRU, AGARWALA
AHMADI BEGUM – Appellant
Versus
DISTRICT MAGISTRATE – Respondent


Advocates Appeared:
B.C.SAXENA

AGARWALA, J.

( 1 ) THE District Magistrate of Agra requisitioned a house, under Section 3, U. P. (Temporary)Accommodation Requisition Act, 1947, situated within the limits of the Agra Cantonment for the purposes of allotting it to one Moti Ram Mahgha Ram Sahni. Shrimati Ahmadi Begam, who appears to be the owner of the house was in occupation of the house. She refused to vacate the house as directed by the District Magistrate. The District Magistrate, under the provisions of section 11 of the said Act, applied to the Munsif of Agra for aid in getting the house vacated and in executing his order. Shrimati Ahmadi Begam and her son, Riyaz Uddin, filed an objection before the learned Munsif alleging that they were not liable to be ejected from the house in dispute. The learned Munsif, however, rejected their objection and passed an order on 8th november 1948, directing that the objectors be ejected from the house. The objectors preferred an appeal to the District Judge of Agra. The learned District Judge held that the order of the district Magistrate requisitioning the house was without jurisdiction inasmuch as the Provincial government which passed the aforesaid Act had no power to mak















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