A
SEWA RAM AND ORS.
v.
UNION OF INDIA AND ORS.
APRIL 1, 1997
B
[K. RAMASWAMY AND D.P. WADHWA, JJ.]
Enemy Property Act, 1968:
M migrated to Pakistan before 1947 and became citizen of Pakis-
C tan-His mother remained in India-After death of his mother he came to
India a11d obtai11ed Bhumidari rights-La11d sold to appellants--Respo11dents
initiated proceedi11gs i11 respect of property-Appella11ts unsuccessfully filed a
suit for inju11ctio11 to restrain the respo11dents from taking possessio11 of the
praperty-Revision dismissed by High Court-AppeaHfeld in the cir-
cumstance M had no right title or i11terest in property-Accordingly appellant
D could not acquire a11y title from M.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2746 of
1980
From the Judgment and Order dated 31.7.79 of the Allahabad High
E Court in C.R. No. 84 of 1978.
F
AB. Rohtagi and Ambrish Kumar for the Appellants.
AK. Srivastava (NP) for the Respondent
The following Order of the Court was delivered :
This appeal by special leave arises from the order dated 31.7.1979 of
the High Court of Allahabad made in Civil Revision No. 84 of 1978.
The admitted position is that one Mohd. Marghoob Siddiqui had
G migrated to Pakistan prior to August 14, 1947 and became a citizen of
Pakistan. His mother Kabool Fatima who remained in India died on
August 7, 1965. Subsequently, he came to India and appears to have
obtained the Bhumidari rights of his mother and sold the property to the
appellants. The respondents had initiated proceedings against the property
H on the ground that Mohd. Marghoob Siddiqui was an enemy and therefore,
490
SEWARAMv. U.O.I.
491
the Enemy Property Act, 1968 (Act No. 34 of 1968) was applicable. The A
appellants claimed title to the property. Subsequent thereto, the appellants
filed a suit for injunction to restrain the respondents from taking possession
of the property. Ultimately they came to be unsuccessful in the revision
before the High Court. Thus, this appeal by special leave.
The only question is whether the appellants have acquired any valid B
title to the property from Mohd. Marghoob Siddiqui, a citizen of Pakistan?
On his acquiring citizenship of Pakistan, M.M. Siddiqui ceased to be a
citizen of India and thereby after the demise of his mother, he had no right,
title or interest in the land to obtain bhumidari right. The proceedings and
~~~-
c
Under these circumstances, since the purchaser cannot have a better
title than the seller himself had,. the appellants could not acquire any title
by virtue of sale effected by Mohd. Marghoob Siddiqui.
The appeal is accordingly dismissed. No costs.
D
T.N.A.
Appeal dismissed.
Lex