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PETITIONER: SEWA RAM & ORS.

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT:       01/04/1997

BENCH: K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

JUDGMENT:                          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.