( 1 ) THIS appeal arises from a suit in which the appellant plaintiff sued for a declaration that he was a citizen of India; that the order of deportation passed against him on 10/08/1953 was illegal and inoperative; that the passport taken out by him from the Pakistani authorities was void and had no effect against him that his registration as a foreigner was null and void and for an injunction restraining the respondents-defendants from taking any steps against him under the Passport Act.

( 2 ) THE appellant was born in the village Kalkarli in Swat State. In 1932 he came to India from his native village and settled down in this City. From 1932 to 1945 he worked in Several Textile Mills and from 1946 until he was deported he worked continuously in Lal Mills as a weaver. During this period he also worked as a member of the managing committee of a trade union of textile workers. On 2/02/1949 he got himself registered as a foreigner under the Registration of Foreigners Act 1939 On 24/01/1950 he returned his registration certificate to the police as a protest along with several other Pathans who were working in the Textile Mills in this City. On 10/08/1953 an order of