JUDGMENT

GUPTA, J. :—A notice issued under Section 7 of the Administration of Evacuee Property Act, 1950 (hereinafter called the Act) gives rise to this appeal brought on certificate granted by the Allahabad High Court on August 18, 1969 under Article 133 (1) (a) of the Constitution of India. Sub-section (1) of Section 7 states :

"Where the Custodian is of opinion that any property is evacuee property within the meaning of this Act, he may, after causing notice thereof to be given in such manner as may be prescribed to the persons interested, and after holding such inquiry into the matter as the circumstances of the case permit, pass an order declaring any such property to be evacuee property."

Rule 6 of the Administration of Evacuee Property (Central) Rules, 1950 (hereinafter called the Rules) which lays down the manner of inquiry under Section 7 provides in sub-rule (1) that where the Custodian is satisfied from information in his possession or otherwise that any property or an interest therein is prima facie evacuee property, he shall cause a notice to be served in the prescribed form on the person claiming title to such property or interest and on any other person or persons whom