This is a petition for the issue of an appropriate writ to quash the order of the Collector of Nilgiris directing the eviction of the petitioner from certain premises in Ootacamund.

The property described in the proceedings as Coronation Talkies belonged to an evacuee who has gone away to Pakistan. This property includes a cinema theatre, three residential rooms and an office. In exercise of the powers conferred on them under Central Act XLIV of 1954, the officers concerned gave a lease of this portion to the petitioner in 1951 for a period of two years. The lease was renewed from time to time till 1955. In June, 1955, the Regional Settlement Commissioner invited tenders for the sale of the property. He also ordered the eviction of the petitioner. Against the order of eviction the petitioner appealed to the Chief Settlement Commissioner, New Delhi. That Officer heard the petitioner and his counsel and on 1st August, 1957, passed an order dismissing his appeal.

On 30th September, 1957, the property was sold in auction to another evacuee for a sum of Rs. 1,42,000. The purchaser was permitted to set off a sum of Rs. 1,19,606 which was admissible to him in respect of certain clai