Judgement

SARKAR, J. : This is a petition raising a question of violation of the fundamental right to hold property guaranteed by Article 19 (1) (f) of the Constitution. It arises out of an order made under the Administration of Evacuee Property Act, 1950, declaring two houses to be evacuee property.

2. What had happened was that sometime in September 1951, two notices were issued under S. 7 of the Act addressed respectively to Nusrat Ali and Fateh Ali, requiring them to show cause why they should not be declared evacuees and their properties, being the two houses in dispute, to be evacuee property. Neither of these two persons having appeared, a declaration was made by the Custodian on January 10, 1952, under that section that Nusrat Ali and Fateh Ali were evacuees and the houses were evacuee property. Upon such declaration the houses vested in the Custodian under the provision of S. 8 of the Act and he took possession of them. These houses were the property of one Khadim Ali who had never been declared an evacuee and had died on or about October 1, 1950, leaving three sons and five daughters, who thereupon became entitled to them in certain shares. Nusrat Ali and Fateh Ali were two