( 1 ) OUR task has become easier in view of the recent apex Court decision in the case of Union of india v. Raja Mohammad Amir Md. Khan reported in 2005 Volume VIII. Supreme court Cases, Page 696 : (AIR 2005 SC 4383)which the learned Judge did not have as the said judgment came after the disposal of the writ application.

( 2 ) THE appellants were the owners of premises No. 14, Netaji Subhas Road, ground Floor, Kolkata. The predecessor in interest of the appellants by a deed of indenture dated May 19, 1953 gave on lease approximately 3000 sq. ft. on ground floor of the said premises to National Bank of pakistan for a term of 16 years commencing from April 1, 1951. The area was subsequently increased and ultimately the said bank came in possession of 6235 sq. ft. on the ground floor of the said premises in question at a monthly rent of Rs. 1610. 00 per month. In 1965 due to hostilities between the two countries being India and Pakistan due to Indo-Pak war the said branch of national Bank of Pakistan was declared as an enemy firm and the respondent authority became the custodian of the enemy property under the provision of the Enemy Property Act, 1968 (herei