Judgment

DAS CUPTA, J. : On April 1, 1950, the Deputy Custodian, Jaipur, made an order in proceedings instituted under S. 19 of the Administration of Evacuee Property Ordinance declaring the appellant Dr, Mohammad Saeed a medical practitioner of Jaipur to be an intending evacuee. By the same order a notice was directed to be issue to the respondent (appellant?) to show cause why he should not be declared to be an evacuee under S. 2(d)(i) and S. 2(d)(iii) of the Ordinance. When thereafter the Administration of Evacuee Property Act. 1950 (Act XXXI of 1950). came into force another notice was issued on the appellant under S.22(b) of the Act to show cause why his property should not be declared evacuee property on the ground that he had transferred a substantial portion of his assets to Pakistan. On November 16, 1951, the Deputy Custodian, Jaipur held Dr.Mohammad Saeed to be an evacuee under S.2(d) (iii) of the Administration of Evacuee Property Ordinance, 1949. He also held Dr. Mohammad Saeed s property to be evacuee property under S.7 of the Ordinance and also under S. 22(b) of the Administration of Evacuee Property Act, 1950.

2. On appeal the District Judge, Jaipur, set aside this dec