Per Marlapalle, J.

This petition filed under Article 226 of the Constitution of India takes exception to the order dated 14th February, 2000, passed by the Under Secretary (Home), Government of Goa, by which the earlier order dated 21st April, 1999 passed by the Custodian of Evacuee Property came to be revoked.

2. Mr. Jose Joaquim de Noronha was the Count of Mayem and was married to Filomena Correia Noronha. The couple had six children (two sons and four daughters). Filomena died in 1903. It appears that Mr. Jose Joaquim had grandchildren through his son Dr. Francis Antonio who was marred to Ricardina. On the demise of Filomena Correia Noronha, the Countess of Mayem. Mr. Jose Joaquim de Noronha instituted inventory proceedings under registration No. 957/1929 and the share of his late wife came to be divided amongst all other legal representatives and his own half share initially he retained to himself, but subsequently willed it (by will dated 17th/18th April, 1929), in favour of his grandson Eurico Antonio Silva, the son of Dr. Francisco Antonio Wolfango Silva. Eurico had four other brothers by name Dr. Francisco Wolfango de Silva. Dr. Abel de Silva, Raul Wolfango de Silva and Dr. Fernando Wolfango de Silva. Dr. Fernando Wolfango de Silva was married to Maria Elsa Wolfango de Silva. Eurico begot four children who have subsequently come on record as petitioners.

3. The inventory proceedings No. 957/1929 were concluded by Consent Terms drawn on 20th June, 1930 and clause 11 of the said Consent Terms read as under :-

"The parties mentioned in toto the testamentary disposition and jointly agree that in respect of Chapel of Our Lady of Miracles and the spring existing in Mayem be reserved for use of all heirs and further agree that in case the first party Eurico decides to sell the property in which the spring is located, he shall pay to the other interested parties the part of the price of the said spring proportionate to the hereditary share which shall be fixed by arbitration in absence of any agreement. In case said Eurico sells other properties of. Mayem and is not living there, the Chapel referred to above shall be handed over for administration to "Cabido de See Primacial" with all the properties and belongings."

4. The entire property at Mayem was thus divided in two parts, namely the northern part and the southern part, both having been separated by a line drawn as described in clause 6 of the Consent Terms in the inventory proceedings and represented in the plan annexed thereto. The southern part was willed to Eurico in toto and the northern part was left as a joint property amongst all the legal heirs and in the same the right of Fernando Wolfango de Silva and his wife Maria Elsa was to the extent of 1/36th share. Fernando Wolfango de Silva had no right in respect of the southern half. The present respondent No. 3 claims to represent Maria Elsa on the ground that her share in the property of the Count was sold to him after the demise of Fernando in 1989.

5. Some of the legal representatives of the Count were declared as evacuees by the Custodian vide his order dated 25th June, 1965 and consequently their properties as evacuee properties. Dr. Fernando de Noronha Wolfango de Silva and his wife Maria Elsa had filed an appeal against the said declaration. Simultaneously Ricardina, Maria Manuela and Alice also had filed appeals. The appeals were allowed by orders dated 30th July, 1966 and 23rd July, 1966, respectively and the entire case was remanded for deciding it afresh. Eurico and other legal heirs had left Goa after its liberation and only Dr. Fernando de Silva and his wife Maria Elsa continued to stay in Goa. Written statement on behalf of Eurico Noronha was submitted on 6th July, 1965, before the Custodian and it opposed the proceedings initiated under Section 5 of the Goa Administration of Evacuee Property Act, 1964 (for short "the 'Evacuee Act"). However, before the proceedings were decided on remand he died on 6