( 1 ) THIS is a petition under Article 226 of the Constitution and is directed against the Custodian 'and Assistant Custodian, Evacuee Property, Indore.

( 2 ) THE petitioners are four in number, Petitioners Nos. 1, 3 and 4 claim to be the joint owners of House No. 1/163 situated in Kasaiwada and No. 689, Chowk Bazar of Shajapur while petitioner No. 2 claims to have an interest of a mortgagee thereon. The circumstances in which the petitioners seek to quash the orders of the opponents with reference to the above mentioned house tire as under: the house initially belonged to one Sharafali who died leaving behind his widow, daughters and sons. Three of his sons namely Alimohammad, Abbas and Fida hussain were, on Credible information, believed to have migrated to Pakistan. Notices were issued by the Assistant Custodian Evacuee Property under Section 7 of the Administration of Evacuee Property Act on 1-4-1955. The petitioners objected to the declaration of the said property as evacuee property. However the assistant Custodian by his order dated 19-2-1956 declared the aforesaid three sons of Sharafali as evacuees under Section 2 (d) (ii) of the Act and their property as evac