V.G.Oak, J. - (1.) The decision of these two connected cases turns upon the interpretation of Section 50 ot Administration of Evacuee Property Act, 1950 (hereinafter referred to as the Act).
(2.) The facts of the case are practically admitted. There is at Shahjahanpur a certain property known as Cinema Nishat Talkies. There are several co-sharers in this property. Three brothers, who are opposite parties Nos, 2, 3 and 4 in the writ petition and who may hereinafter be referred to as Malik Brothers, own one-half share in the property. Jumman Khan, who is opposite party No. 8 in the writ petition, owns the other half share in the property. The Malik Brothers admitted opposite parties Nos. 5, 6 and 7 (hereinafter referred to as Bhagi Brothers) as lessees with respect to one-half share owned by Malik Brothers. Jumman Khan went to Pakistan. He was declared an evacuee. His property including one-half share in Nishat Talkies was declared evacuee property. It vested in the Custodian, U. P.
(3.) In July 1954 the three Malik Brothers filed suit No. 37 of 1954 against Bhagi Brothers for ejectment and for the recovery of a sum of Rupees 7,375/- on account of arrears of rent. On 3-2-1956/ the Assistant Custodian, Evacuee Property, Shahjahanpur moved an application before the learned Civil Judge, Shahjahanpur for being impleaded as a defendant in the suit. That application by the Assistant Custodian was dismissed by the learned Civil Judge by his order dated 2-4-1956.;