Case: Abdul Rahman Haldar and Others Vs. Union of India and Others

2. The appellants instituted the suit for a declaration that they are Indian nationals and that a permanent injunction restraining the respondents from deporting the appellants from out of India be issued.3. Plaintiffs 1 and 3 are brothers and plaintiff 2 is their mother. The fourth plaintiff is the wife of the first plaintiff. The trial Court held that the plaintiffs are not Indian nationals but Pakistanis and are not entitled to any relief. Accordingly it dismissed the suit. On appeal by the plaintiffs the Assistant District Judge agreed with the trial Court and confirmed the judgment and decree of the trial Court. The plaintiffs preferred a second appeal to the High Court which was dismissed in limine. They have therefore preferred this appeal in this Court.

Reasoning: The document states that it is aand is executed by Md. Mobeswar Ali Chaudhury as he was in urgent need of money for Rs. 50. For this amount he leased 4 Bighas of land and the condition was that the land should be released after two years without any payment or adjustment of the amount taken. Though thisis stated to be for two years it is not registered. There is no evidence to prove that Mobeswar Ali is the owner of the land. Mobeswar Ali was examined as PW 1. He failed to produce any document to show that he owned any land in the village and his evidence was rightly rejected by the courts below. Even after taking into account the document on which the learned Counsel placed considerable reliance, though not marked in the courts below, we see no material for coming to the conclusion that the appellants are citizens of India.