A.K.SARKAB, J.

(1) THE appellant,.an Iranian national by birth, came to India from Yezd in Iran with his maternal uncle, an Iranian national, in 1938 when he was about thirteen years old. The record does not show on what passport he entered India. In January 1945 he obtained an Iranian passport and went to Iraq on pilgrimage This passport showed that he held an identity card ,of the Iranian government. On return from the pilgrimage he was on 22/03/1946 registered under the Registration of Foreigners Rules, 1939 as an Iranian national. On 25/05/1951, he obtained a residential permit under the Foreigners Order, 1938 permitting him to reside in India upto a certain date. This permission was extended from time to time at his request. On 2/12/1957 his last request was refused and he was ordered under the Foreigners Act, 1946 to leave India. On 14/12/1957, he filed a suit in the City Civil court at Bombay for a ,declaration that he was a citizen of India and for an injunction restraining the State of Bombay,: the Police of Bombay and the Union of India from taking action against him on the footing that he was a foreigner and not a citizen of India. This suit was dismissed by the C