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Sewa Ram & Ors Vs. Union of India & Ors [1997] INSC 367 (1 April 1997)

K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

O R D E R 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 migrated to Pakistan prior to August 14, 1947 and became a citizen of Pakistan. His mother Kabool Fatima who remained in India die on August 7, 1965. Subsequently, he came to India and appears to have obtained the Bhumidari right of his mother and sold the property to the appellants.

The respondents has 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. Subsequently thereto, the appellants filed a suit for injunction to restrain the respondents from taking possession of the property. Ultimately they came to be successful in the revision before the High Court. Thus, this appeal by special leave.

The only ************* whether the appellants have acquired any 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.

Under these circumstances, since the purchaser cannot have a better title than the seller himself has, the appellants could not acquire any title by virtue of sale effected by Mohd. Marghoob Siddiqui.

The appeal is accordingly dismissed. No costs.

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