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1957 (3) TMI 45 - SC - Indian LawsA displaced person, was found Prima facie entitled to allotment of a house and the Accommodation Officer moved his family into the house on May 10, 1952, but no letter of allotment was issued to him. Later, when certain facts became known which in the opinion of the Union of India disentitled j to the allotment, he was informed that the house could not be allotted to him. j was evicted from the house on September 27, 1952, without being given 15 days notice as required by S. 3 of the Public Premises Eviction Act (XXVII of 1950). The house was then allotted to S and he was given possession on October 3, 1952. J filed a petition under Art. 226 of the Constitution in the High Court. The High Court ordered the Union of India and also S to restore possession of the house to J. S appealed. - Held, that the High Court erred in issuing the writ of mandamus. There was a serious dispute on questions of fact between the parties and also whether j had acquired any title to the property in dispute. Proceedings by way of a Writ were not appropriate in a case where the decision of the Court would amount to a decree declaring a party's title and ordering restoration of possession.
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