Kanhaiya Singh, J.

1. On the 2nd January, 1953, the petitioners obtained two registered sale deeds, one from Bibi Anis Fatma and the second from her and her son Abdul Majid in respect of 2.47 acres for Rs. 2000 and Order 39 odd acre, for Rs. 600, respectively, the lands being situate in village Sherpur in the district of Patna. Abdul Majid had been declared evacuee as far back as 1950 and Bibi Anis Fatma on 23-4-1953, under the Administration of Evacuee Property Act, 1950 (hereinafter referred to as the Act). The petitioners, it is alleged, learnt of this declaration in respect of Bibi Anis Patma on 25-7-1953 and filed on the same date an application before the Assistant Custodian, Patna, for confirmation of the said two transfers to them under Sec. 40 of the Act. On 21-4-1955 the petitioners made an application to the Assistant Custodian to drop the proceedings for confirmation of the sale on the ground that the disputed properties were not evacuee properties as there was no legal declaration under Section 7 of the Act. The Assistant Custodian rejected the application on the same day on the ground that the application was not maintainable as he had no jurisdiction to revie