S. N. SINGH, J. :- This petition under Article 226 of the Constitution is directed against an order of the Assistant Custodian General, U. P. dated 7-11-1963 with the prayer that the said order Annexure 6' to the writ petition be quashed.

2. Brief facts giving rise to the present petition are that one Tafazzul Hussain executed a mortgage on 15th December 1947, in respect of house No. 474 situate in mohalla Keraiganj Rajvan Bazar, Meerut City in favour of the petitioner for a consideration of Rs. 1,000. This Tafazzul Husain migrated to Pakistan in July 1949. The petitioner thereafter moved an application on 17th December 1949 under Section 38 of Ordinance No. 27 of 1949 before the Deputy Custodian, Evacuee Property, Meerut, for the confirmation of the aforesaid mortgage. The Deputy Custodian by his order dated 5th March 1951 allowed the application of the petitioner and conifirmed the mortgage deed.

3. It appears that later on it was brought to the notice of the Evacuee Department that Tafazzul Husain had no title in the house mortgaged which really belonged to Smt. Mahboobul Nissa, wife of Tafazzul Hussain. The Assistant Custodian, Meerut sent a notice dated 4th October, 196