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may 1952

Supreme Court of India · 1952-05-26

D.K. NABHIRAJIAH vs THE STATE OF MYSORE AND OTHERS.

Citation / case number
SC 1951/46
Court
Supreme Court of India
Petitioner
D.K. NABHIRAJIAH
Respondent
THE STATE OF MYSORE AND OTHERS.
Bench
SASTRI, M. PATANJALI (CJ),MAHAJAN, MEHR CHAND,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court ruled that the allotment of a house under the Mysore House Rent and Accommodation Control Order, 1948, made before the Constitution came into force, could not be challenged under Articles 31(2) and 19(1)(f) of the Constitution. The Court held that the petitioner lost his right to possession prior to the enforcement of the order, and thus, the subsequent taking of possession was valid. Additionally, the Court clarified that the power under the Defence of India Rules was not limited to cases where the landlord required the house for personal use.

D.K. NABHIRAJIAH vs THE STATE OF MYSORE AND OTHERS. · Niyam