( 1 ) THIS is a second appeal by Smt. Abida Khatoon and her husband Abdul Shakoor against the decision of the IInd Additional Civil Judge, Agra dismissing their suit for a declaration that they are Indian citizens not liable to be deported to Pakistan. In their plaint the appellants made the following allegations: They were born and brought up at Agra and their parents too were born there. They were citizens of India at the commencement of the Constitution and have continued to enjoy this status ever since. In February, 1950, both of them went on a visit to Pakistan but without any intention to migrate or settle there permanently. After staying in Pakistan for some time they were anxious to return to India and applied to the Refugee department of the Pakistan government for repatriation to India under the Delhi agreement of 1950 (the so called nehru-Liaqat Pact ). Under that agreement the Governments of India and Pakistan had agreed to the return of the nationals who had fled to one country but desired to return home. The Muslims of Uttar Pradesh who went to West Pakistan between February and May 1950 were eligible for repatriation under this agreement, but the plaintiff