Falshaw, J. - (1.) This is a petition under Art. 226 of the Constitution which has been referred to a Division Bench by Grover J.
(2.) The five petitioner, Goverdhan etc., are residents of village Kair, where prior to the partition seven families of Telies, who were Muslims, occupied houses and it appears that the present petitioners have occupied and built some parts of the sites of those houses. (2a) It seems that somebody reported to the Custodian's Department that the petitioners had wrongly taken possession of the houses abandoned by the Telies and also seized their moveable property, and a notice was accordingly issued to them under S. 7 of the Administration of Evacuee Property Act in 1955 relating both to the moveable and immovable properties of the Telies who had become evacuees at the time of the disturbances. The Assistant Custodian by this order dated 16-11-1955 discharged the notice so far as it concerned the movable property, but held that the petitioners were in unlawful occupation of part of the sites of the Telies' houses which were evacuee property. He accordingly ordered that they should pay rent at the rate of Rs. 3/- per mensem per house but could continue residing in the houses until they were allotted to displaced persons.
(3.) The petitioners filed an appeal which was dismissed by the Authorized Deputy Custodian on 1-8-1956. They went in revision against this order and their revision petition was dismissed by the Deputy Custodian General with the modification that since it appeared that the petitioners had constructed pucca houses on the sites which were evacuee property they should not be ejected, but instead should be allowed to remain in occupation on paying the value of the sites as assessed by the Survey Department. This order was passed on 1-31957 and the present petition was filed soon after that.;