This writ petition is directed against the judgment dated 11-4-1977 passed by the City Magistrate-cum- Enemy Property Incharge of India, Bareilly rejecting the claim of the petitioner. Smt, Mizaj Bi, now dead, represented by her legal representative, about the property of Mohammad Unis s/o Aziz Ahmad and rejecting the objection dated 5-4-1977 and also against the order dated 15-7-1977 passed in the review application filed by Mohammad Unis and other. Against the order rejecting the review application an appeal was filed by the petitioner before the respondent No. 1, the Custodian General of the Enemy Property of India. A copy of the me no of appeal has been filed as Annexure 10 to the writ petition. In para 12 of the counter affidavit it has not been denied that no appeal was filed by the petitioner and the averments are to the effect that in view of the assertions made in para 10 of the writ petition, the writ petition is not maintainable and liable to be dismissed on this ground alone.

2. A notice dated 28-6-1976 was issued by the City Magistrate-cum-Enemy Property Incharge of India stating that one Sri Aziz Ahmad s/o Masiullah migrated to Pakistan leaving his p