Mehrotra, J. - (1.) This is a petition under Article 226 of the Constitution praying that a writ of certiorari quashing the orders of the Assistant Custodian, Agra dated 13th of October 1955 fixing the rent of the premises at Rs. 21/- per month and the notice of demand directing the petitioner to pay Rs. 2047-8-0 by 10th of November 1955.
(2.) The facts set out in the affidavit filed in support of the petition are as follows:-
(3.) The dispute relates to a house No. 2429 Firdos Manzil situate in Sabon Katra in the district of Agra. The house was purchased in the name of Srimati Sarfarazi Begum for a consideration of Rs. 6700/- in the year 1945 from Rahim Bux, the father-in-law of the petitioner. According to the petitioner this purchase was benami in the name of the petitioner's wife. The petitioner was the real owner of the house and exercised all the rights of ownership since purchase. He was residing in the house. After the purchase the petitioner claims to have reconstructed the premises and spent about Rs. 20,000/- over its reconstruction. Srimati Sarfarazi Begum wife of the petitioner went to Pakistan in July 1948 for the treatment of her daughter and due to some difficulties she could not come back to India. The Evacuee Property Ordinance came into force in the year 1949. It was followed by an Evacuee Property Act 1950 which came into force on 18-4-1951. The petitioner received no notice under the Act declaring the house in question as the evacuee property and for the first time he states that a notice was served on him on 18-4-1951 asking him to pay rent and to appear to show cause before the Assistant Custodian Evacuee Property Agra on 24-4-1951. On 4-5-1951 the petitioner sent a notice to the Custodian Evacuee Property claiming exclusive ownership of the house in dispute and praying for the cancellation of the notice. The petitioner was asked in reply to that notice to file his objection in the pending case Objections were then filed by him on 29-5-1951 claiming ownership of the property and asserting that the sale was bemani in the name of this wife.;