( 1 ) THIS is a special appeal against an order of a learned Judge rejecting the appellants petition under Art. 226 of the Constitution praying for the quashing of the order of the Competent officer, Allahabad dated 6-5-1956 and for the issue of a writ of prohibition prohibiting the competent Officer from proceeding further with Case No. 96 of 1953 regarding house No. CK 66/3, Benia Bagh, Phatak Sheikh Salim, Varanasi.

( 2 ) THE house in suit was sold by the Competent Officer Allahabad in exercise of his powers under Section 10 of the Evacuee Interest (Separation) Act (LXIV of 1951) -- hereinafter called the Act. The sale took place on 28-6-1955 and was in favour of respondents 2 and 3. The competent Officer issued a notice to one Haq Newaz Khan and two others on 30-9-1956 informing them about the sale of the house to these respondents and directing them to pay the entire house rent at Rs. 60/- per mensem to the vendees with effect from 1-8-1955. This notice substantially complied with the requirements of the notice in Form m to the occupant of the property sold and referred to in Sub-rule 3 (a) of Rule 11-E of the Evacuee interest (Separation) Rules, 1951. On 5-1