( 1 ) THIS is a Second Appeal by samiullah against the concurrent decisions of the courts below dismissing his suit for a declaration that he is a citizen or India and for permanent injunction restraining the State of Uttar Pradesh from deporting him to Pakistan. Both the courts have held that they had no jurisdiction to try the case in view of Section 9 (2) of the Citizenship Act react with Rule 30 of the Citizenship Rules, 1956. The plaintiff has now come to this Court in Second appear.

( 2 ) THE facts are these: In his plaint Samiullah alleged that he was born in the year 1911 in village garhi Pukhta, in the district of Muzaffarnagar. His parents were Indians and he was married in his village and has two wives. His children were also born in his native village. He earned his living as a motor mechanic from time to time. During the years 1936-39 he served with M/s. Premier Motors at Dehradun but his services came to an end when the proprietor, Mr. Talbot, wound up his business and left India to serve in the Second World war. from 1945 to 1952 he was employed as a Branch Post Master under the Government of India in the post office in his village Garhi Pukhta. One