M. L. CHATURVEDI, J. :- This is a petition under Article 226 of the Constitution.

2. The case of the petitioner as set out in the petition is that one Abdul Hakim was the tenant, along with his brother, of a shop in the Vegetable Market, Bisheshar Ganj, Banaras. Abdul Hakims brother died about 10 years ago, and in 1948 the petitioner became a partner of Abdul Hakim in the fruit business carried on in the shop. The petitioner says that he contributed a sum of Rs. 5,000/- and that a deed of partnership was executed on the 25th October, 1943. Subsequently Abdul Hakim went to Pakistan, and a notice was issued to him in April 1950 under Section 7 of the Administration of Evacuee Property Act of that year to show cause why he should not be declared an evacuee and his property as evacuee property. No objection was filed by Abdul Hakim, and the movable property in the shop was in due course declared to be evacuee property. Subsequently however, Abdul Hakim returned to India, and, on an objection being then filed by him the order declaring him an evacuee and his property to be evacuee property was set aside.

Abdul Hakims stay in India appears to have been temporary and he again went