Law: The West Punjab Protection of Evacuee Property Act (VII of 1948)

Section: 8(1)

    (a) East Bengal (Emergency) Requisition of Property Act (X111 of 1948), S. 8(1)-Restoration of possession on derequisi tioning of property-Three out of four rooms of a building requisitioned from owner and his tenant -----Fourth room requisitioned from other party-Deputy Commissioner releasing entire property in favour of such other party-Deputy Commissioner, held, could at best direct restoration of one room to such party Such party could not, be part into possession of entire premises Possession of three rooms ordered to be restored to owner. (b) Mala fides-Charge that Deputy Commissioner's confiden tial clerk; a close relation of other party, manipulated to get Deputy Commissioner's orders in his relative's favour-Such related person not refuting charge in his lengthy affidavit in opposition-Order, held, passed at instance of confidential clerk and thus not only illegal but also mala fide. . JUDGMENT SIDDIKY, C. J.----This is an application under Article 98 of the Constitution by the two petitioners-first of whom is Md. Ismail. Talukdar and the second is one Nagar Bashy Das challenging the validity of an order passed by the Deputy Commissioner, Barisal on 10-9-1966 in Requisition Case No. 41 of 1965. Briefly the facts necessary for our purpose are that Municipal holding No. 122/123 situated in C. S. Plot No. 2738 in the town of Barisal was requisitioned for housing the Social Welfare Organisation on 11-12-1965. The notice of requisition was served on four persons, namely, the petitioner No. 1 Md. Ismail Talkudar, petitioner No. 2 Nagar Bashy, one Sukumar Poddar, one Atul Chandra Sarker and Tafazzal Ali Talukdar who is respondent No. 3 herein. Notice to the petitioner No. 1 Ismail Talukdar was given on the basis that he was the owner of the premises and the rest of the four persons to whom notices were issued, were occupiers of the premises. The petitioner's case is that he after auction-purchase of the property in question had been possessing the same by letting ft out to four tenants who were Sukumar, Atul Chandra Sarker, Nagar Bashy and Atal Chandra Sarker. Later on respondent No.3 Tafazzal Ali forcibly dispossessed Atul…