1. The appellant challenged before Coyajee J. an order passed by the State of Bombay on 17-11-1655 that he shall not remain in India after the expiry of 24 hours from the date on which the order was served on him. This order was made in the exercise of the powers conferred by Clause (c) of Sub-section (2) of Section 3, Foreigners Act, 1946.

The question that was agitated before Coyajee J. was whether the appellant was a foreigner liable to be sent out of the country under the Foreigners Act, or having acquired an Indian domicile he had become a citizen of India to whom the Foreigners Act" could not apply." The learned Judge on a consideration of the materials before him held that the petitioner had failed to establish that he had acquired an Indian domicile and dismissed his petition. The appellant has now come in appeal.

2. In the first place, let us look at the undisputed facts in this case. The petitioners father, who by nationality is a Goan, has been carrying on business of a tailor in Bombay for the last 40 years. The appellant himself was born in Goa in 1918 and he came to Bombay in 1927 when he was 9 years of age. He was educated in Bombay and having completed his sch