Judgement

RAMASWAMI, J. : This appeal is brought, by certificate, from the judgment of the Bombay High Court dated November 16, 1962 in Cross Appeals Nos. 756 and 791 of 1957.

2. The appellant, Bulchand Chandiram was a citizen of Pakistan and had come to India on June 6, 1950 on a temporary permit. During his absence the Pakistan Government declared him to be an evacuee. In December, 1950 he was granted a Domicile Certificate and since then he has been residing in Bombay. On May 4, 1945 the appellant had opened an account with the Bank of India (Hyderabad Sind Branch) called the Cash Credit Account. The account was secured by an assignment of life insurance policies on the appellant s life of about us. 79,000 and mortgage of immovable properties 1 to 5 in Schedule F Between March and April 1947 properties 4 and 5 were sold and the appellant paid Rs. 35,000 to the Bank. In this account on December 31, 1949 the amount due to the Bank was Rs. 1,06,281-12-11 (Item No. 36) and on April 22, 1950 the amount due was Rs. 1,07,969/15/11 (Item No. 44). In July 1949 the appellant took a loan of Rs. 1,25,000 from the Hyderabad Branch on the security of properties mentioned in Schedule G and t