Ray, J. - (1.) This is an appeal by special leave against the judgment dated 21 November, 1969 of the Delhi High Court dismissing the writ petition of the appellants.
(2.) The appellants made an application under Article 226 of the Constitution in the Delhi High Court. The appellants asked for quashing two orders dated 29 April, 1964 and 1 February, 1965. On 29 April, 1964 the Deputy Custodian General issued a notice to the appellant Fatima Bi to show cause why the order dated 11 January, 1956 should not be revised as the same was obtained by fraud and was illegal. The appellant Fatima Bi made an application for cancelling the notice requiring her to show cause. On 1 February, 1965 the Deputy Custodian General passed an order rejecting the objections of the appellant Fatima Bi. By the said order dated 1 February, 1965 the authorised Deputy Custodian was asked to expedite recording of evidence and submission of report.
(3.) The appellant Fatima Bi is the wife of the appellant Mohd. Sayeed. The appellant Fatima Bi's case (supra) is that she is the owner of certain property at Delhi. By an ex parte order dated 25 November, 1953 the Assistant Custodian declared her as evacuee and her property to be evacuee property. She filed an appeal against the ex parte order. The ex parte order was set aside. The Assistant Custodian was required to decide on merits the appellant Fatima Bi's case (supra). By an order dated 11 January, 1956 the Assistant Custodian held that the appellant Fatima Bi was a non" evacuee owner of the property. On 29 April, 1964 a notice under S. 27 of the Administration of Evacueee Property Act, 1950 (hereinafter referred to as the Act) was issued to show cause why the order dated 11 January 1956 should not be revised. The grounds for the notice were that the appellant Fatima Bi had left for Pakistan in 1947, and it was fraudulently averred that she was a non-evacuee and was residing at Calcutta with the appellant Mohd. Sayeed. The other ground alleged in the notice was that in order to establish the appellant Fatima Bi's non-evacuee status as well as to secure the release of the property forged documents and perjured evidence was tendered before the Assistant Custodian.;