Wanchoo, J. - (1.)These are four appeals on certificates granted by the Mysore High Court. They will be disposed of together as the points raised in them are common. The facts of these cases are complicated and may be mentioned in some detail. On July 7, 1949, the then State of Mysore passed The Mysore Administration of Evacuee Property (Emergency) Act, No. XLVII of 1949 (hereinafter called the first Mysore Act). It provided for the appointment of a Custodian of Evacuee Property for the State of Mysore and other officers subordinate to him for the purpose of administering evacuee property in that State. Section 2(c) defined an "evacuee" and S. 2(d) "evacuee property". Section 5 laid down that all evacuee property situate in Mysore would vest in the Custodian. Section 6 provided for a notification by the Custodian in the Mysore Gazette of evacuee property vested in him. Section 8 provided that any person claiming any right to or interest in any property notified under section 6 as evacuee property or in respect of which a demand requiring a surrender of possession had been made by the Custodian might prefer a claim to the Custodian on the ground that the property was not evacuee property or his interest in the property had not been affected by the provisions of that Act. It was further provided that the Custodian was to hold a summary inquiry in the prescribed manner into such claims and after taking such evidence as might be produced, pass an order (stating the reasons therefor) either rejecting the claim or allowing it wholly or in part. Finally, S. 30 provided for an appeal to the High Court where the original order under S. 8 had been passed by the Custodian, an Additional Custodian or an Authorised Deputy Custodian. This Act remained in force till it was replaced by the Mysore Administration of Evacuee Property (Second) (Emergency) Act, No. LXXIV of 1949 (hereinafter called the second Mysore Act), which came into force on November 29, 1949.
(2.)On September 21, 1949, the Custodian issued a notification by which he declared the properties of the two respondents as evacuee properties which had vested in him, as the respondents had become evacuees. Thereupon, two claims were filed under S. 8 of the first Mysore Act separately by the two respondents. These claims were investigated by the Deputy Custodian who dismissed the same on April 17, 1950, declaring that the properties were evacuee properties. It may be mentioned that in the meantime, the second Mysore Act had come into force by which the first Mysore Act was repealed. But S. 53(2) of the second Mysore Act provided that anything done or any action taken in the exercise of any power conferred by the first Mysore Act shall be deemed to have been done or taken in the exercise of the powers conferred by the second Mysore Act. It was also provided that any penalty incurred or proceeding commenced under the first Mysore Act shall be deemed to be a penalty incurred or proceeding commenced under the second Mysore Act as if the latter Act were in force on the day on which such thing was done, action taken, penalty incurred or proceeding commenced. There was however one difference in the two Mysore Acts. The first Mysore Act had provided by S. 5 for the vesting of all evacuee property situate in Mysore ipso facto in the Custodian; S. 6 then provided for notification by the Custodian and S. 8 for preferring claims. The second Mysore Act, however, made a departure from this and S. 5 thereof provided that:
"where the Custodian is of opinion that any property is evacuee property within the meaning of this Act he may, after causing notice thereof to be given in such manner as may be prescribed to the persons interested, and after holding such inquiry into the matter as the circumstances of the case permit, pass an order declaring any such property to be evacuee property."

(3.)Section 6 then provided for vesting of any property declared to be evacuee property in the Custodian. Thus while under the first Mysore Act the evacuee property vested in the Custodian and the person who claimed that it was not evacuee property had to make an application under S. 8 and to get it declared that it was not evacuee property, under the second Mysore Act there was no vesting in the Custodian and the Custodian had to give a notice in the manner prescribed (if he thought any property to be evacuee property) and after hearing the persons interested to declare the property to be evacuee property; and it was only thereafter that the property vested in him as evacuee property. Further, the second Mysore Act also defined the "Custodian General" as the Custodian General of Evacuee Property in India appointed by the Government of India under S. 5 of the Administration of Evacuee Property Ordinance (Central Ordinance No. XXVII of 1949), which had come into force on October 18, 1949. Further there was a change in the forum of appeals and instead of the High Court the appeal lay to the Custodian General from an order passed under S. 5 of the second Mysore Act where the original order had been passed by the Custodian, Additional Custodian or Authorised Deputy Custodian and in some cases to the District Judge designated in this behalf by the Government under Ss. 22 and 23 of the Second Mysore Act. In addition, provision was made by S. 25 of the second Mysore Act for revision by the Custodian General of orders passed by the District Judge or the Custodian on appeal.