Judgment - Chagla, C.J.

1. This is an appeal from the judgment of Tendolkar J. who dismissed a petition filed by the appellants for a writ against the Custodian of Evacuee Property. The petitioners purchased the property in question on 23-2-1950. One Tyabji Abdul Kayum was in occupation of flat No. 1 on the ground floor of this property. On 22-9-1950, the petitioners gave a notice to the tenant terminating his tenancy as from 31-10-1950. On 19-10-1950, the order was passed declaring Tyabji as an evacuee and on 26-10-1950, a notification was issued vesting the tenancy rights of the tenant Tyabji Abdul Kayum in the Custodian. On 23-3-1952, the petitioners went into possession of this flat. On 9-4-1952, the Custodian allotted this flat to one Ramchandani and on 2-5-1952, the petitioners filed this petition for a writ preventing the Custodian from taking possession of this flat. The learned Judge below took the view that the petitioners were not entitled to the order they asked for.

2. Now, the question that arises is, what vested in the Custodian on October 26, 1950? The tenancy of Tyabji Abdul Kayum was a contractual tenancy. It was liable to be terminated by a proper notice given by t

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