KAMBLI J.- These petitions challenge the notices and orders made by the respondents, namely, the Assistant Custodian of Evacuee Properties and the Sub-Divisional Officer, Akola (hereinafter referred to as S. D. O. Akola), and Tahsildar, Akola, Taluq and District Akola. These respondents have directed the petitioners to hand over the possession of the fields in their possession to certain displaced persons on the ground that the fields have been allotted to the latter under the provisions of the Displaced Persons (Compensation and Rehabiliation) Act, 1954 (hereinafter referred to as the Displaced Persons Act).

2. The lands in these special civil applications were originally owned by one Firm known as "Moula Dina Ayub Firm, Akola". A partner of this firm by name Mohammad Hasham Abdulla migrated to Pakistan in or about 1948. A declaration was made by Deputy Custodian Akola on 21-6.1951, in respect of 1/4th share of Mohammad Hasham in the firm properties under section 7 (1) of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as the Administration Act). The non-evacuee partners of the firm, it appears, had at one stage taken the plea that they were the