1. This is a petition under Art. 226 of the Constitution field by Smt. Viran Bai, widow of Parshotam Lal, petitioner No. 1, and her four sons, Bhagwan Dass, Sat Narain, Bhim Sen and Madan Mohan, petitioners Nos. 4 to 5, the last two being minors, challenging the legality of the order, dated 4-9-1963 passed by the Deputy Chief Settlement Commissioner.

2. According to the allegations of the petitioners, they were displaced persons from West Pakistan. The husband of petitioner No. 1 migrated to India after the partition of the country. He got the house in dispute situate in Chandni Dhowk, Delhi, which was owned by one Ayub Khan, on a monthly rent of Rs. 10 on 15-2-1948 from its owner. Subsequently, Ayub Khan left for Pakistan and became an evacuee and this house vested in the Custodian as evacuee property. On 15-5-1948 Parshotam Lal applied for its allotment, but, unfortunately, he died in January, 1949. The petitioners, who are his heirs and legal representatives, continued to live in the house as tenant-allottees from 1948-1949. The Custodian, Evacuee Property, charged the entire rent from petitioner No. 1, but granted receipt in the name of Parshotam Lal. The petitioners we