1. THE petitioner Yakub Molla was a resident of Jahangirpur within Kotwali Police Station in the district of Nadia. In the early part of 1950 he along with the members of his family consisting of his wife, sons, etc. went to Eastern Pakistan. According to the petitioner, he was compelled to do so because his properties in Jahangirpur were forcibly occupied by the refugees and he was forced out of his house and native village Jahangirpur along with other Muslims. He began to reside at Damurhada in the district of Kusthia in Eastern Pakistan. According to him he came for some time to India in 1951, but this is not admitted. Any how, the visit must have been a short one. The Passport Act (XXXIV of 1920) came into operation on the 15th October, 1952. This purported to amend the existing Passport Rules and made it compulsory to have a passport for persons belonging to Pakistan, if they intend to come to India. On the 21st February, 1953 the petitioner took out a Pakistani passport. On the 3rd March, 1953 he applied for a visa for visit to India. In that application he stated that he was a Pakistan citizen. The application form requires the date of migration to be given and this