1. This appeal raises questions under the Administration of Evacuee Property Act, 1950. The short facts necessary to appreciate the questions in issue are as follows;

2. After the partition of the country, various States had enacted laws for the custody and the administration of evacuee property. Under the Bombay Act the Deputy Custodian of Evacuee Property declared Abdul Rashid Khan and S. A. Quraishi evacuees and on 10th January 1950, took charge of the business, the tenancy rights and stock-in-trade of Marina Hotel belonging to them. It seems that at the relevant time in the suit premises the evacuees had about five lodgers, from these lodgers the evacuees were recovering a sum of Rs. 905 though they were paying actual rent of Rs. 555-12-0 per month, On 17th January 1950 the Deputy. Custodian of Evacuee Property entered into an arrangement with the lodgers to the ettect that they should together pay him consolidated rent of Rs. 555-12-0 and an additional amount of 20 per cent, over the entire collections which the evacuees were collecting from these lodgers which came to a sum ot Rs. 181, as, what he called, establishment charges. The rest of the liabilities in the form o