Judgement

WANCHOO, C. J. :- In this appeal by special leave the only question that arises is the interpretation of S. 46 of the Administration of Evacuee Property Act, No. 31 of 1950, (hereinafter referred to as the Act). Brief facts necessary in that connection are these. The house in dispute is situate in Malrrkotla and belonged to one Muradbux who died sometime in 1922. In 1947, the house was in possession of Muradbux s son Mohd. Rafiq and Muradbux s widow Jafram Begum. Sometime after partition, Mohd. Rafiq migrated to Pakistan. Thereafter notice was issued under Section 7 of the Act to Dildar son of Mohd. Rafiq to show cause why the house be not declared at evacuee property. No notice was however issued to respondent Jafram Begum. It seems that Dildar appeared before the Deputy Custodian and admitted that his father had migrated to Pakistan. So on June 7, 1952, the house was declared to be evacuee property. No appeal was taken against this order which thus became final. However on March 2, 1954, the respondent filed an application before the Custodian claiming that by virtue of a will made in her favour by Muradbux in 1918 he had bequeathed the house to her and therefore she was