A writ of certiorari can be granted for an error of law apparent on the face of the decision of an inferior tribunal.

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 Ordinance came into force sometime later on, i.e., on 21st of June 1949. The Central Ordinance, viz., Ordinance No. 27 of 1949 was passed on the 18th of October 1949. On 18th of January 1950 the sale deed was executed and registered by Mr. Hussain Imam, with respect to the two kathas of land sold to Ssimati Kusum Kumari.

According to the case of the petitioner a sum of Rs. 3000.00 had been paid on the 1st of May 1949 and the balance of Rs. 1000 /- was paid on the date of the execution of the sale deed. The petitioner applied to the Deputy Custodian for confirmation of the sale under the provisions of Sec.38 of the Central Ordinance. An enquiry was made into the matter by Mr. U. N. Sinha, Deputy Magistrate, who submitted a report stating that the sale was for a valuable consideration and it was made in good faith. Accepting this report the Deputy Custodian confirmed the sale. Thereafter the petitioner erected a house on the land which is estimated to cost a sum of Rs. 26,000/-. More than 3 years afterwards, i.e., on 18th of May 1953 the Custodian issued a notice against the petitioner asking him to show cause why the order of confirmation of the sale made by the Deputy Custodian on the 20th of February 1950 should not be set aside. The petitioner showed cause but on the 1st of July 1953, the Custodian, Mr. R. P. Singh, held that the Deputy Custodian had ho jurisdiction to confirm the sale and therefore set aside his order passed under Sec.38 of the Ordinance.

3. The main argument addressed by Mr. B. C. De on behalf of the petitioner is that the Custodian, Mr. R. P. Singh, had no Jurisdiction to set aside the order of the Deputy Custodian made on the 20th of February 1950. In support of his argument counsel pointed out that the whole basis of the reasoning of the Custodian is erroneous. Counsel pointed out in the first place that Section 38(1) of the Ordinance reads as follows:

"No transfer of any right or interest in any property made in any manner whatsoever after the 14th day of August, 1947, by or on behalf of an evacuee or by or on behalf of a person who has become an evacuee after the date of the transfer, shall be effective so as to confer any right or remedies on the parties to such transfer or on any person claiming under them unless it is confirmed by the Custodian."

Ordinance No. 27 of 1949 was repealed and in its place Central Act 31 of 1950 was enacted by the Parliament. Sec. 40(1) of the Act states:

"No transfer of any right or interest in any property made in any manner whatsoever "after the the 14th day of August, 1947, by or on behalf of any person whose property is notified or declared to be evacuee property, shall be effective so as to confer any rights or remedies on the parties to such transfer or any person claiming under them unless