The necessity of Custodian's confirmation under Section 40 of the Displaced Persons Act for the validity of sales is essential; without it, property transfers involving evacuee property are void.

1. This petition is directed against an order passed by the Assistant Custodian General Cum Authorised Chief Settlement Commissioner, U.P. and Bihar passed in two revisions, one filed under S.24 of the Displaced Persons (Compensation and Rehabilitation) Act (Act No. 44 of 195-11 and the other filed under S.27 of the Administration of Evacuee Property Act , 1950 (Act No. 31 of 1950). The petition has arisen in the circumstances hereinafter indicated. The dispute in the petition relates to certain plots which admittedly originally belonged to Khurshed Hasan and Syed Mohd. Mujtaba. These two persons executed sale deed on 31-10-1947, 12-4-1948 and 15-7-1948 in favour of Beni Ram, father of opposite parties 3 and 4 and Ganga Ram, opposite party No. 2. After execution of these sale deeds the said transferors migrated to Pakistan. On 16-3-1953 the Assistant Custodian issued notice under Section of the (hereinafter referred to as the Evacuee Property Act) to Khurshed Hasan and Syed Mohammed Mujtaba requiring them to show cause why they should not be declared evacuees under Clauses (i) and (ii) of S.2(d) of the said Act and the plots in dispute be not declared their property. The notice was contested by Beni Ram who pleaded title to the said plots in dispute on the basis of the sale deeds hereinbefore mentioned. Beni Ram did not dispute the migration of Khurshid Hasan and Syed Mohammad Mujtaba. On 24-4-1953 Assistant Custodian (Judicial) Faizabad passed order declaring Khurshed Hasan and Syed Mohammad Mujtaba (hereinafter referred to as evacuees) evacuees and the plots in dispute were declared as their property. A copy of this order is Annexure - A to the counter - affidavit filed by Ganga Ram on behalf of opposite parties 2 to After passing of this order an application was made by Beni Ram and Ganga Ram under S.40 of the Act for confirmation of the sate deeds executed by the evacuees. This application was allowed by order dated 24-9-1953. A copy of the order is Annexure - B to the said counter - affidavit. While allowing the application the Assistant Custodian (Judicial) held that the sale deeds were for adequate consideration and were normal inasmuch as the evacuees migrated to Pakistan after almost five years from the date of the execution of the deeds.

2. Thereafter the plots in dispute were dealt with by the Managing Officer under the provisions of Displaced Persons (Compensation and Rehabilitation) Act (hereinafter referred to as the Rehabilitation Act) and he put the same to public auction on 2-11-1968. At this public auction the petitioner's bid was accepted and accordingly the auction was knocked down in her favour. Sale certificate was issued to the petitioner on 15-11-1968. In May 1969 Ganga Ram and the heirs of Beni Ram filed the revisions hereinbefore referred to. A copy of the revision petition is Annexure - 1 to writ petition. Through this revision petition opposite parties 2 to 4 asserted that in the view of the order of confirmation passed on 24-9-1950 the property ceased to be evacuee property and it could not be sold by the Managing Officer. The auction in favour of the petitioner was alleged to be collusive. On this Basis opposite parties 2 to 4 as