Case Note & Summary
The petitioners, owners of two flats, sought de-requisition and possession of their flats which were requisitioned in 1950 and allotted to respondent no.2 in 1959. Relying on the Supreme Court judgment in Grahak Sanstha Manch v. State of Maharashtra (1994) 4 SCC 192, they filed writ petitions in 1998. During the pendency of the petitions, the State Government amended the Rent Act to protect government allottees by deeming them as tenants. The validity of the amendment was challenged in the High Court, which struck it down, but the Supreme Court upheld the amendment. Consequently, the court held that the petitioners' right to possession was extinguished and dismissed the petitions.
Headnote
A) Requisition - De-requisition - Right to Possession - Petitioners sought quashing of requisition order and restoration of possession of flats - During pendency, Rent Act was amended to deem government allottees as tenants - Amendment upheld by Supreme Court - Held that petitioners' right to possession is extinguished and petitions are dismissed (Paras 1-3).
Issue of Consideration
Whether the petitioners are entitled to de-requisition and possession of flats in view of the subsequent amendment to the Rent Act which deemed government allottees as tenants.
Final Decision
Both writ petitions are dismissed. No order as to costs.
Law Points
- Requisition
- De-requisition
- Deemed Tenancy
- Rent Control Legislation
- Amendment to Rent Act
- Right to Possession
- Writ Petition
Case Details
2005 LawText (BOM) (09) 2
Writ Petition No.2350 of 1998 and Writ Petition No.2351 of 1998
R.M.S. Khandeparkar, V.M. Kanade
Mr. P. Chavhan i/b Mr. Madekar and Co. for the petitioner
Kaiki Rustomji Alpaiwalla and others
The State of Maharashtra and another
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Nature of Litigation
Writ petitions seeking quashing of requisition order and restoration of possession of flats.
Remedy Sought
Petitioners sought quashing of the order of requisition and direction to restore possession of the flats.
Filing Reason
The flats owned by petitioners were requisitioned in 1950 and allotted to respondent no.2 in 1959. Petitioners sought de-requisition following the Supreme Court judgment in Grahak Sanstha Manch.
Previous Decisions
The Supreme Court in Grahak Sanstha Manch directed de-requisition. During pendency, the Rent Act was amended to deem government allottees as tenants. The High Court struck down the amendment, but the Supreme Court upheld it.
Issues
Whether the petitioners are entitled to de-requisition and possession of flats in view of the subsequent amendment to the Rent Act which deemed government allottees as tenants.
Submissions/Arguments
Petitioners argued that they are entitled to de-requisition and possession based on the Supreme Court judgment in Grahak Sanstha Manch.
Respondents did not appear.
Ratio Decidendi
The subsequent amendment to the Rent Act, which deemed government allottees as tenants and was upheld by the Supreme Court, extinguished the petitioners' right to possession. Therefore, the petitions for de-requisition and possession are not maintainable.
Judgment Excerpts
Both these Writ Petitions can be disposed of by common Judgement since common question of law is involved in both the petitions.
The Supreme Court in the case of Grahak Sanstha Manch and others versus State of Maharashtra reported in (1994)4 Supreme Court Cases 192, was pleased to direct the Government to de-requisition the premises and hand over possession to the owners.
During the pendency of petition, the State Government amended provisions of Rent Act and gave protection to all Government allottees by declaring them as deemed tenants under the Act.
Procedural History
Flats requisitioned on 14.6.1950 and allotted to respondent no.2 on 1.12.1959. Petitioners filed writ petitions in 1998 seeking de-requisition. During pendency, Rent Act amended. High Court struck down amendment, but Supreme Court upheld it. Petitions dismissed on 27.9.2005.
Acts & Sections
