Sewa Ram & Ors. Vs. Union of India & Ors.
EmailAppeal: Civil Appeal No. 2746 of 1980
(From the Judgment and Order dated 31.7.1979 of the Allahabad High Court in C.R.No. 84 of 1978)
(From the Judgment and Order dated 31.7.1979 of the Allahabad High Court in C.R.No. 84 of 1978)
Petitioner: Sewa Ram & Ors.
Respondent: Union of India & Ors.
Apeal: Civil Appeal No. 2746 of 1980
(From the Judgment and Order dated 31.7.1979 of the Allahabad High Court in C.R.No. 84 of 1978)
(From the Judgment and Order dated 31.7.1979 of the Allahabad High Court in C.R.No. 84 of 1978)
Judges: K. RAMASWAMY & D.P. WADHWA, JJ.
Date of Judgment: Apr 01, 1997
Appearances:
Mr. A.B.Rohtagi, Senior Advocate and Ambrish Kumar, Advocate with him for the Appellants.
Mr. A.K.Srivastava, Advocate (NP), for the Respondent.
Head Note:
ENEMY PROPERTY ACT, 1968
Title of a purchaser of property from a Pakistan citizen who migrated to Pakistan prior to 14.8.1947 – Held purchaser’s right cannot be better than of seller who was covered under the Act – Title is void – Appeal dismissed.
Held:
The only question whether the appellants have acquired and valid 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 patta are void. (Para 3)
JUDGEMENT:
O R D E R
1. 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.
2. The admitted position is that one Mohd. Marghoob Siddiqui had 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 on the ground that Mohd. Marghoob Siddiqui was an enemy and therefore, the Enemy Property Act, 1968 (Act No.34 of 1968) was applicable. The 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.
3. The only question is : whether the appellants have acquired and valid 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 patta are void.
4. 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.
5. The appeal is accordingly dismissed. No costs.
1. 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.
2. The admitted position is that one Mohd. Marghoob Siddiqui had 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 on the ground that Mohd. Marghoob Siddiqui was an enemy and therefore, the Enemy Property Act, 1968 (Act No.34 of 1968) was applicable. The 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.
3. The only question is : whether the appellants have acquired and valid 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 patta are void.
4. 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.
5. The appeal is accordingly dismissed. No costs.
