Mudholkar, J. - (1.) This is an appeal by special leave against an order of the Deputy. Custodian General, Evacuee Property dated September 12, 1960 holding that one Zarina who migrated to Pakistan in the year 1949 had 7/48th interest in certain specified items of property left by her father Khan Bahadur Ahmed Alladin who died on December 21, 1954. The appellants before us are the widow and the two sons of this gentleman whom we shall hereafter refer to as Khan Bahadur.
(2.) After his death proceedings were initiated by the Custodian of Evacuee Property, Hyderabad to declare the share of Zarina in the properties left by her father as evacuee property. Pursuant thereto a notice dated February 17, 1955 under S.7 of the Administration of Evacuee Property Act, 1950 was issued by the Senior Assistant Custodian and served on the firm of M/s. Khan Bahadur Ahmed Alladin and Sons stating that Zarina was an evacuee and as all properties belonging to her were evacuee properties including her share in the properties mentioned in the said notice the Custodian would hold an enquiry on March 2, 1955 in the matter. A similar notice bearing the same date was served on Noorbanu, the widow of the Khan Bahadur.
(3.) On March 2, 1955 a preliminary objection was lodged by the appellants before the Senior Assistant Custodian in which they challenged the validity of notice and made a request that this question be tried as a preliminary issue. The Senior Assistant Custodian by his order dated March 3, 1955 overruled the preliminary objection and set down the matter for March 10, 1955 for recording evidence.;