The Chief Justice.-This is an application by one M.B. Namazi under Article 226(1) of the Constitution to issue a writ of certiorari to call for the records of the proceedings on the file of the Assistant Custodian of Evacuee Property, Madras, in A.C.Nos.224 and 224-A of 1949 and to quash the orders passed on the two matters respectively on the same day, 10th April, 1950. The Order in A.C.No.224-A of 1949 declared one M.B. Namazi an evacuee under section 2(d)(i) of the Administration of Evacuee Property Ordinance (XXVII of 1949) and his one-fourth share in Messrs. Gani & Sons as evacuee property under section 2(f) of the same Ordinance. By the order in A.C.No.224 of 1949, three persons, namely, Gani Namazi, M.B. Namazi the applicant herein and M.I. Namazi were declared to be intending evacuees under section 19 of the same Ordinance.

The undisputed facts are as follows: There was a firm known as Gani & Sons doing business for several years in the City of Madras. From 1943 the firm consisted of four partners, M.A. Gani, (the father) and his three sons, M.I. Namazi, ME. Namazi and M.B. Namazi. From 1946 the share of each partner was fixed at one-fourth. In September, 1948, one of the partners M.E. Namazi left for Karachi where he was married and he has since been residing at Karachi. Sometime in 1949, the business of a company in Karachi known as Keale & Co. was purchased by M.A. Gani, the father. All these facts are admitted. The applicant further states that though it is true that M.E. Namazi has settled down in Karachi, i.e., in Pakistan, he has an intention of returning to India after the life-time of his mother-in-law at whose instance he stayed away in Karachi. It is further stated that there was a dissolution of the partnership from 1st April, 1949, when M.E. Namazi ceased to be a partner and took away the moneys representing his share in the partnership and it was with these moneys and for his sole benefit that the business of Keale & Co. was purchased. It is also his case that from 1st April, 1949, a new partnership was formed with three partners M.B. Namazi, M.I. Namazi and Fathma Begum, wife of M.A. Gani.

Proceedings were taken under the provisions of the Ordinance abovementioned (XXVII of 1949) and the partners of Gani & Sons were called upon to show cause why they should not be treated as "intending evacuee under section 19 of the Ordinance". "Intending evacuee" according to the definition in clause 2(e) of the Ordinance means:

"Any person who after the 14th day of August, 1947(i) has transferred to Pakistan his assets or any part thereof situated in any part of the territories to which this Ordinance extends:

Provided that the transfer to Pakistan of any reasonable sum of money, for the purpose of financing any transaction in the ordinary course of his trade or for the maintenance of any member of the family of such person shall not be deemed to be a transfer of assets within the meaning of this sub-clause, or (ii) has acquired, if the acquisition has been made in person, in any mode other than the modes specified in sub-clause (iii) of clause (d) of section 2, or if the acquisition has been made by or through a member of his family, any right to, interest in or benefit from any property which is treated as evacuee or abandoned property under any law for the time being in force in Pakistan, or (iii) has, by the execution of any document of transfer in writing, whether registered or not, or by means of any other document in writing, sought to effect an exchange of the whole or any part of his property situated in any part of the territories to which this Ordinance extends, with any property situated in Pakistan”.

Evidently there were two charges against the partners of Gani & Sons: (1) that they had transferred to Pakistan a part of their assets, (2) that they had acquired a right to and interest in evacuee property in Pakistan (Keale & Co.).

Mr. Gani and his two sons the applicant and M.I. Namazi were examined by the Assis

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