Judgment

SHAH, J.: House No. 11, Kaiserbagh at Lucknow, was since 1918 in the occupation of one Chowdhry Akbar Hussain. After the partition of India, Choudhry Akbar Hussain migrated to Pakistan. By order, dated October 12, 1949 the Deputy Custodian of Evacuee Property, Lucknow, in exercise of power "under S. 6 of the U. P. Administration of Evacuee Property Ordinance 1 of 1949 as continued in force by Central Ordinances 12 and 20 of 1949" declared No. 11, Kaiserbagh as "evacuee property". No claim was preferred by any person in pursuance of this notification, and management of the property continued with the Custodian of Evacuee Property (sic) Ordinance 1 of 1949 as continued in force by Central Ordinances and Rehabilitation) Act 44 of 1954, the Central Government by a notification, dated May 27, 1955 acquired the property for the Central pool constituted under that Act. On June 7, 1957 the property was put up for sale by public auction and was purchased by one Ram Chand Kohli

2. On September 27, 1961 the State of Uttar Pradesh applied under S. 27 of the Administration of Evacuee Property Act 31 of 1950 invoking the revisional jurisdiction of the Custodian General against the order o