1997 INSC 0417
                                               Sewa Ram and Others

                                                           Vs

                                             Union of India and Others

                                          Civil Appeal No. 2746 of 1980

                                       (K. Ramaswamy, D. P. Wadhwa JJ)

                                                      01.04.1997

                                                        ORDER

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 14-
8-1947 and became a citizen of Pakistan. His mother Kabool Fatima who remained in India died on
7-8-1965. Subsequently, he came to India and appears to have obtained the bhumidhari 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 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 bhumidhari 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.