Judgment

Bhan, J.—Union of India has filed this appeal by leave of the Court against the final judgment/order dated 21.9.2001 passed by the High Court of Judicature at Bombay in Writ Petition No. 1524 of 1997 whereby the High Court has allowed the writ petition filed by the respondent. High Court has further directed the return of the property to the respondent.

2. In order to appreciate the controversy arising in this appeal the facts are required to be set in detail.

Raja Mohammed Amir Mohammad Khan, writ petitioner/respondent herein is the son of Raja of Mahmudabad in Distt. Sitapur Uttar Pradesh. In December, 1957 the erstwhile Raja of Mahmudabad (father of the respondent) migrated to Pakistan and became a citizen of Pakistan. However, the respondent and his mother Rani Kaniz Abdi (since deceased) continued to reside in India as Indian citizen.

3. The Defence of India Rules, 1962 made under Section 3 of the Defence of India Ordinance, 1962 came into force with effect from 5.11.1962. Rule 133-V, inter alia, provided that the Central Government was authorised to appoint a Custodian of Enemy Property for India to preserve enemy property Defence of India Ordinance, 1962 was repealed by