( 1 ) THE applicant has been convicted under Section 30 of the Administration of Evacuee Property act, 1950, for realising from tenants rent in respect of a house belonging to his mother-in-law who has gone away to Pakistan and thereby become an evacuee. There is ample evidence given by the tenants of the house to the effect that they paid the rent to the applicant on his demand. Their evidence also shows that the applicant knew that his mother-in-law, the owner of the house, had gone away to Pakistan and become an evacuee. The conviction of the applicant is challenged on two grounds. One is that it is based upon the evidence of the tenants who themselves were liable to prosecution under Section 30 and were thus accomplices in the offence. The other is that the house in dispute has not been declared as evacuee property by the custodian. There is no substance in either of the grounds.

( 2 ) EVEN if the tenants who gave evidence against the applicants were to be treated as accomplices in the offence said to have been com- mitted by the applicant, there is no defect in the conviction based upon their evidence. The question at all times before the Court below was whether the