Case Note & Summary
The case involved a dispute over the allotment of a house in Bangalore under the Mysore House Rent and Accommodation Control Order, 1948. The petitioner, D. K. Nabhirajiah, owned the premises which became vacant on September 1, 1949. Following a notification of vacancy, the Rent Controller allotted the house to another individual, Sri Aswathanarayana Rao, for use as a children's school. The petitioner contested the allotment, arguing that it violated his fundamental rights under Articles 31(2) and 19(1)(f) of the Constitution, as well as claiming discrimination under Article 14. After several unsuccessful appeals and petitions, including to the High Court, the petitioner sought relief from the Supreme Court under Article 32 of the Constitution. The Supreme Court held that the allotment order was valid as it was made before the Constitution came into force, and the petitioner had lost his right to possession prior to the dispossession order. The Court found that the legislative provisions allowed for such allotments and that the actions taken were within the powers conferred by the Control Order. Consequently, the petition was dismissed without costs.
Headnote
A) Constitutional Law - Property Rights - Allotment of Property - Constitution of India, Articles 31(2), 19(1)(f) - The order of allotment was made before the Constitution came into force, thus not contravening the fundamental rights. The petitioner lost the right to possession earlier due to the Controller's order, making the subsequent dispossession valid. Held that the allotment was lawful under the Control Order (Paras 1-3).
Issue of Consideration
Whether the orders allotting the house contravened the fundamental rights under the Constitution.
Final Decision
The Supreme Court dismissed the petition, holding that the allotment order was valid as it was made before the Constitution came into force and the petitioner had lost his right to possession earlier.
Law Points
- Constitutional validity
- property rights
- administrative orders
- legislative powers
- public interest
