Judgment

GAJENDRAGADKAR, J. : This appeal by special leave is directed against the order passed by the respondent the Custodian General of Evacuee Property New Delhi, in a revision petition confirming the orders of the subordinate authorities whereby the application made by the appellant for confirmation of the sale transaction in question has been rejected under S. 40 (4) (s) of the Administration of Evacuee Property Act, XXXI of 1950. The appellant Rabia Bai, who is a citizen of India having her residence at Grange, Yercaud in the Salem District, came to know in 1949 that premises No. 20, Godown Street, G. T., Madras, was for sale. Since the appellant desired to acquire some immovable property she arranged for the purchase of the said premises through her husband. The said premises belonged to one Mohamad Gani Jan Mohamad who had left for Pakistan in 1947 and had settled there. The said Mohamad Gani Jan Mohamad had executed a power of attorney in favour of his nephew Ahmed Abdul Gani. The said Gani came to Madras in April 1949 and arranged for the sale, and as a result of negotiations between him and the appellant s husband the latter entered into a written agreement with the form