JUDGMENT

SHINGHAL, J.:— This appeal by special arises from a judgment of the Allahabad High Court dated February 26, 1964. It will be enough to state the admitted facts for they are quite sufficient for its disposal.

2. Mohammad Salamat Ullah Khan, Mohammad Sharafat Ullah Khan and Mohammad Latafar Ullah Khan were three brothers owing one-third share each in their joint property. Mohammad Salamat Ullah Khan died, and his sons Karamat Ullah Khan, Dilawar Ullah Khan, Muzaffar Ullah and Tahir Khan migrated to Pakistan in 1948. The remaining two brothers of Mohammad Salamat Ullah Khan, namely, Mohammad Sharafat Ullah Khan and Mohammad Latafat Ullah Khan, stayed in India and had a two-third share in that property. Major Chandra Bhan Singh was a refugee from Pakistan, and a temporary allotment of the one-third evacuee share in the property was made in his favour on April 4, 1955. As the property was listed as composite property, notices were issued in April 1955, under Section 6 of the Evacuee Interest (Separation) Act, 1951, hereinafter referred to as the Act. They were individual notices and the Competent Officer has stated that they were served on Latafat Ullah Khan and Sharafat Ullah K