G. C. Mathur, J. - (1.) An undivided share in an agricultural plot of land , was declared evacuee property under the Administration of Evacuee Property Act, 1950. The Assistant Custodian sold the evacuee share on December 20, 1958 to Vishwa Nath, respondent No. 3. A sale certificate in respect of this sale was issued on December 16, 1963.
(2.) Proceedings for separation of the evacuee interest in this very plot were taken by the Competent Officer. On October 13, 1958, the Competent Officer issued notices under Sec. 6 of the Evacuee Interest (Separation) Act, 1951. The Competent Officer, in proceedings under Sec. 10 of the Separation Act, sold the evacuee interest to the appellants by a sale deed dated September 2, 1950. When the appellants came to know of the sale certificate in favour of Vishwa Nath, they filed a revision before the Assistant Custodian General challenging the transfer in favour of Vishwa Nath. The Assistant Custodian General rejected the revision holding that Vishwanath was in possession and that the sale in his favour was earlier in point of time. The appellants then filed a writ petition in this Court, praying for the quashing of the sale certificate in favour of Vishwa Nath and of the order of the Assistant Custodian General. The writ petition was dismissed by Lokur, J. Against his judgment, this appeal has been filed.
(3.) The main contention of Sri Bashir Ahmad, learned counsel for the appellants is that after the enactment of the Separation Act, the Assistant Custodian had no power or jurisdiction to affect a sale of the evacuee interest in composite property and that such a sale could only be affected by a competent officer under the Separation Act.;