Judgment

MAHAJAN J. : This is an appeal from the judgment of the High Court of Judicature of the State of Punjab dated the 24th May 1951, dismissing the petition filed by the appellants for writs of certiorari , prohibition and mandaus against the respondent.

2. Aboobaker Abdul Rahman, the father of the appellants, was possessed of considerable moveable as well as immovable properties including a cinema theatre, known as the Imperial Cinema, situate at Bombay Soon after the partition of India, he went to Pakistan and was in Karachi in the month of September 1947 where he purchased certain properties in that month. On information supplied by one Tek Chand Dolwani to the Additional Custodian of Evacuee Property, the Additional Custodian started proceedings under the Bombay Evacuees (Administration of Property) Act, 1949, against Aboobaker in or about the month of July 1949. During the pendency of the said proceedings, the Government of India Ordinance XXVII of 1949 came into force. Thereupon, on the 16th December 1949 the Additional Custodian issued a notice to the said Aboobaker under S. 7 of the Ordinance and a further notice on the 11th January 1950 to show cause why his prope