Ramaswami, J.

1. In this case the petitioner Srimati Kusum Kumari Devi has moved this Court for a writ in the nature of certiorari to call up and quash the order of the Custodian of the Evacuee Property dated the 1st (sic.) of July 1953 which cancelled an order of the Deputy Custodian dated the 20th of February, 1950 confirming the sale of certain properties.

2. Bibi Um-e-Sakina and Bibi Aisha Mariam owned a house known as "Nawab Manzil" at Fraser Road in the town of Patna. Bibi Um-e-Sakina had 10 annas share in the house property and Bibi Aisha had 6 annas share. On the 15th of September, 1949 the Assistant Custodian of the Evacuee Property made an order under Sec. 5 of Bihar Ordinance No. 3 of 1949 declaring that the house named Nawab Manzil was an evacuee property. The Assistant Custodian took possession of the property on the 17th of September 1949. An appeal was taken against this prder by Mr. Hussain Imam, who was acting on behalf of the ladies. On 4th of July 1950 the Custodian dismissed the appeal. It appears that on the 1st of May 1949 Mr. Hussain Imam entered into an agreement for sale of two kathas of the house property in favour of the petitioner. The Bihar Ordi