JUDGMENT - 1. The suit giving rise to this appeal was filed by the appellants (who will hereafter be called the plaintiffs) against the Union of India, the Custodian of Evacuee Property and the Regional Settlement Commissioner (who will hereafter be called the defendants) for a declaration that the plaintiffs continued to be the tenants of two shop premises and for possession of the said shop premises, The facts underlying this litigation may be briefly stated as follows: The plaintiffs were carrying on business as partners in two shops; (1) M/s, M. Gani and Co., Mahomedali Road, Bombay, and (2) M/s. London Stores, Bori Bunder, Bombay. They were occupying the premises as tenants. On 15-6-1950 the Deputy Custodian of Evacuee Property issued a show cause notice in the joint names of the plaintiffs calling upon them to show cause as to why they should not be declared as evacuees and their property as evacuee property under Section 2 (d) (i) of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as the Act). The notice inter alia stated that they had left for Pakistan on account of the selling up of the dominions of India and Pakistan and that all their property w

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