( 1 ) THESE two appeals have been preferred against the judgment of a learned Single Judge setting aside and dismissing the writ petition of the petitioner, Tanwir Rasul.

( 2 ) BRIEFLY stated, the facts are as under :-"rasul, predecessor-in interest of the respondent purchased the property in question from Khadija Khatun by a registered sale deed dated 1. 9. 1969. On 21. 4. 1979, the respondent received a notice issued by the Assistant Custodian of the Enemy Property intimating that Khadija Khatun was a Pakistani national and that the disputed property was an enemy property. It was further mentioned in the entice that a property in dispute was an enemy property. As such, it had vested in the Government of India under Notification dated 10. 9. 65 issued under Rule 133 (V) of the Defence of India Rules, 1962. The respondent filed a reply denying that ascertaining Khadija Khatun was not a Pakistani national. Accordingly, the property, in question was an enemy property, as alleged. The Assistant Custodian, by a letter dated 23. 4. 1979 directed the tenant of the disputed property not to pay rent of the house to the respondent. Having felt aggrieved, the respondent m