Summarize the following court judgment. Civil Appeals Nos. 976 and 977 of 1964. Appeals from the judgment and decree dated March 26	 1964 of the Patna High Court in Election Appeals Nos. 8 and 10 of 1963. C.B. Agarwala	 Jagdish Panday	 Chinta Subbarao	 M. Rajagopalan and B.P. Jha	 for the appellant	 (In both the appeals). K.P. Varma and D. Goburdhun	 for the respondent (In both the appeals). The Judgment of the Court was delivered by Ramaswami	 J. Both these appeals are brought by certificate against the judgment and decree of the High Court of Judicature at Patna dated March 26	 1964	 pronounced in Election Appeals Nos. 8 and 10 of 1963. The appellant Kedar Pandey and the respondent Narain Bikram Sah '(hereinafter called Narain Raja) were the contesting candidates in the year 1962 on behalf of the Congress and Swatantra Party respectively for the election to Bihar Legislative Assembly from Ramnagar Constituency in the district of Champaran. The nomination papers of the appellant and the respondent and two others Parmeshwar Prasad Roy and Suleman Khan were accepted by the Returning Officer without any objection on January 22	 1962. Later on the two candidates Parmeshwar Prasad Roy and Suleman Khan withdrew their candidatures. After the poll the respondent	 Narain Raja was declared elected as member of the Bihar Legislative Assembly by majority of valid votes. On April 11	 1962 Kedar Pandey filed an election petition challenging the election of the respondent. It was alleged by Kedar Pandey that the respondent was not duly qualified under article 173 of the Constitution of India to be a candidate for election as he was not a citizen of India. According to Kedar Pandey the respondent	 his parents and grand parents were all born in Nepal and	 therefore	 on the date of the election	 the respondent Narain Raja was not qualified to be chosen to fill the Assembly seat for which he had been declared to have been elected. According to Kedar Pandey the respondent was related to the royal family of Nepal and the father of the respondent Rama Raja owned about 43 bighas of land and a house at Barewa in Nepal in which the respondent had a share along with his three other brothers. The election petition was contested by the respondent who said that he was an Indian citizen and there was no disqualification incurred under article 173 of the Constitution. The further case of the respondent was that he had lived in India since his birth and that he was a resident of Ramnagar in the district of Champaran and not of Barewa in Nepal. The respondent claimed that he was born in Banaras and not at Barewa. 795 Upon these rival contentions it was held by the Tribunal that the respondent Narain Raja was not a citizen of India and	 therefore	 was not qualified under article 173 of the Constitution for being chosen to fill a seat in the Bihar Legislative Assembly. The Tribunal	 therefore	 declared that the election of the respondent was void. But the Tribunal refused to make a declaration that Kedar Pandey was entitled to be elected to Bihar Legislative Assembly for that Constituency. Both the appellant and the respondent preferred separate appeals against the judgment of the Election Tribunal to the High Court of Judicature at Patna. The High Court in appeal set aside the judgment of the Tribunal and upheld the election of the respondent Narain Raja. The High Court found	 on examination of the evidence	 that Narain Raja	 the respondent before us	 was born in Banaras on October 10	 1918 and that the respondent was living in India from 1939 right upto 1949 and even thereafter. The High Court further found that long before the year 1949 Narain Raja had acquired a domicile of choice	 in Indian territory and	 therefore	 acquired the status of a citizen of India both under article 5(a) and (c) of the Constitution. On these findings the High Court took the view that Narain Raja was duly qualified for being elected to the Bihar Legislative Assembly and the election petition filed by the appellant Kedar Pandey should be dismissed. The main question arising for decision in this case is whether the High Court was right in its conclusion that the respondent Narain Raja was a citizen of India under article 5 of the Constitution of India on the material date. The history of the family of Narain Raja is closely connected with the history of Ramnagar estate. It appears that Ramnagar estate in the district of Champaran in Bihar originally belonged to. Shri Prahlad Sen after whose death the estate came into the possession of Shri Mohan Vikram Sah	 popularly known as Mohan Raja. After the death of Mohan Raja the estate came into the possession of Rani Chhatra Kumari Devi	 the vidow of Mohan Raja	 and after the death of Rani Chhatra Kumari Devi	 the estate came into the possession of Rama Raja alias Mohan Bikram Sah	 the father of the respondent Narain Raja. It is in evidence that the daughter of Prahlad Sen was married to Shri Birendra Vikram Sah	 the father of Mobart Raja. Mohan Raja died without any male issue but during his lifetime he had adopted Rama Raja	 the father of the respondent and by virtue of a will executed by Mohan Raja in the year 1904 in favour of his wife Rani Chhatra Kumari Devi the Rani became entitled to the Ramnagar estate on the death of Mohan Raja (which took place in 1912)	 in preference to the adopted son Rama Raja since the properties belonged to Mohan Raja in his absolute right and not as ancestral properties. After the death of Rani L/P(D)5SCI 12 796 Chhatra Kumari Devi in 1937 Rama Raja came into the possession of the Ramnagar estate. In the year 1923	 Rani Chhatra Kumari Devi had filed R.S. No. 4 of 1923 against Rama Raja the Court of Sub Judge	 Motihari with regard to a village which Rama Raja held in Ramnagar estate on the basis of a Sadhwa Patwa lease. Rama Raja in turn filed T.S. No. 34 of 1924 in the Court of Subordinate Judge of Motihari against Rani Chhatra Kumari Devi and others claiming title to Ramnagar estate and for possession of the same on the basis of his adoption by Mohan Raja. The Title Suit and the Rent Suit were heard together by the Additional Sub Judge	 Motihari who	 by his judgment dated August 18	 1927 decreed the Title Suit filed by Rama Raja and dismissed the Rent Suit filed by Rani Chhatra Kumari Devi. There was an appeal to the High Court of Patna which dismissed the appeal. Against the judgment of the High Court appeals were taken to the Judicial Committee of the Privy Council. The appeal was decided in favour of Rani Chhatra Kumari Devi and the result was that the Title Suit filed by Rama Raja was dismissed and Rent Suit filed by Rani Chhatra Kumari Devi was decreed. In the course of judgment the Judicial Committee did not disturb the finding of the trial Court that Rama Raja was an adopted son of Shri Mohan Vikiram Sah alias Mohan Raja and accepted that finding as correct; but the Judicial Committee held that Ramnagar estate was not the ancestral property of Mohan Raja	 but he got that property by inheritance	 he being the daughter 's son of Prahlad Sen	 the original proprietor of that estate. In view of this circumstance	 the Judicial Committee held that though Rama Raja was the adopted son of Mohan Raja	 Rama Raja was not entitled to the estate in view of the will executed by Mohan Raja in favour of Rani Chhatra Kumari Devi in the year 1904. It appears that in the year 1927 Rama Raja had taken possession of Ramnagar estate and got his name registered in Register D and remained in possession till the year 1931 when he lost the suit in Privy Council. After the decision of Privy Council	 Rani Chhatra Kumari Devi again came into possession of Ramnagar estate and continued to remain in possession till she died in 1937. It is in evidence that after the death of Rani Chhatra Kumari Devi	 Rama Raja obtained possession of Ramnagar estate and continued to remain in possession thereof from 1937 till 1947	 the year of his death. There is evidence that Rama Raja died in Bombay and his dead body was cremated in Banaras. It is also in evidence that during the lifetime of Rama Raja there was a partition suit in the year 1942 No. 40 of 1942 for the partition of the properties of the Ramnagar estate among Rama Raja and his sons including the respondent. This suit was filed on September 29	 1942 in the Court of the Subordinate Judge at Motihari. A preliminary decree exhibit 1(2) was passed on April 16	 1943 on compromise and the final decree Ex 1(1) in the suit 797 was passed on May 22	 1944. From the two decrees it appears that Ramnagar. estate was comprised of extensive properties including zamindariinterest in a large number of villages and the. estate 'had an extensive area of Bakasht lands. By the said partition the estate was divided among the co sharers but certain properties including forests in the estate were left joint. On behalf of the appellant Mr. Aggarwala put forward the argument that the High Court was not justified in holding that Narain Raja was born in Banaras in the year 1918. According the case of the appellant Narain Raja was born at a place called Barewa in Nepal. In order to prove his case the appellant examined two witnesses Sheonath Tewari (P.W. 18) and N.D. Pathak (P.W. 15). The High Court held that their evidence was acceptable. There was also a plaint (exhibit 8) produced on behalf the appellant to show that Narain Raja was born at Barewa. This plaint was apparently filed in a suit brought by the respondent for the realisation of money advanced by the respondent 's mother to one Babulal Sah. The place of birth of the respondent is mentioned in this plaint as Barewa Durbar. The High Court did not attach importance to exhibit 8 because it took the view that the des cription of the place of birth given in the document was only for the purpose of litigation. It further appears from exhibit 8 that it was not signed by the respondent but by one Subhan Mian Joiaha described as 'Agent '. On behalf of the respondent R.W. 9 G. section Prasad was examined to prove that Narain Raja was born at Banaras. The High Court accepted the evidence of this witness and also of the respondent himself on this point. It was submitted by Mr. Aggarwala that there were two circumstances which indicate that the respondent could not have been born at Banaras: In the first place	 it was pointed out	 the municipal registers of Banaras for the year 1918 exhibit 2 series did not mention the birth of the respondent. It was explained on behalf of the respondent that house at Mamurganj in which the respondent was born was not included within the limits of the municipality in the year 1918	 and that the omission of the birth of the respondent in the municipal registers was therefore	 of no significance. It was contended behalf of the appellant that there was litigation with regard to properties of Ramnagar estate between the respondent 's father Rani Chhatra Kumari Devi and therefore the evidence of P.W. G.S. Prasad that Rama Raja was living with Rani Chhatra Kurnari Devi at Ramnagar even during her lifetime cannot be accepted as true. It was	 therefore	 suggested that it was highly improbable that Narain Raja should have been born at Banaras in the year 1918	 as alleged	 in the house belonging to Ramnagar estate. We do not	 however	 think it necessary to express any concluded opinion on this question of fact but proceed to decide the case the assumption that Narain Raja was not born in the territory 	of India	 in the year 1918. The reason is that the place of birth 798 of Narain Raja has lost its importance in this case in view of the concurrent findings of both the High Court and the Tribunal that for a period of 5 years preceding the commencement of the Constitution Narain Raja was ordinarily resident in the territory of India. Therefore the requirement of article 5(c) of the Constitution is fulfilled. Mr. Aggarwala on behalf of the appellant did not challenge this finding of the High Court. It is. therefore	 manifest that the requirement of article 5(c) of the Constitution has been established and the only question remaining for consideration is the question whether Narain Raja had his domicil in the territory of India at the material time. Upon this question it was argued before the High Court on behalf of the respondent that the domicil of origin of Mohan Raja may have been in Nepal but he had acquired a domicile of choice in India after inheriting Ramnagar Raj from his maternal grandfather Prahlad Sen. It was said that Mohan Raja had settled down in India and had married all his 4 Ranis in Ramnagar. It was argued	 therefore	 that at the time when Mohan Raja had adopted Rama Raja in 1903 Mohan Raja 's domicil of choice was India. It was said that by adoption in 1903 Rama Raja became Mohan Raja 's son and by fiction it must be taken that Rama Raja 's domicil was india as if he was Mohan Raja 's son. It was contended in the alternative that whatever may have been Rama Raja 's domicil before 1937 when Rani Chhatra Kumari Devi died	 Rama Raja acquired a domicil of choice in India when he came to India on the death of Rani Chhatra Kumari Devi. It was also stated on behalf of the respondent that Rama Raja remained in possession of the Ramnagar estate until his death in 1947. The High Court	 however. held	 upon examination of the evidence	 that there was no material on the record to decide the question of Mohan Raja 's domicil. It was also held by the High Court that it was not possible to ascertain from the evidence whether there was any intention of Rama Raja to settle down in India and make it his permanent home. In any event. Narain Raja was born in the year 1918 and unIess the domicil of Rama Raja in 1918 was ascertained the domicil of origin of Narain Raja will remain unknown. The High Court therefore	 proceeded upon the assumption that Narain Raja had his domicil of origin in Nepal: and examined the evidence to find out whether Narain Raja had deliberately chosen the domicil of choice in India in substitution for the domicil of origin. The crucial question for determination in this case	 therefore. is whether Narain Raja had acquired the domicil of choice in India. The law on the topic is well established but the difficulty is found in its application to varying combination of circumstances in each case. The law attributes to every person at birth a domicil 799 which is called a domicil of origin. This domicil may be changed and a new domicil	 which is called a domicil of choice	 acquired; but the two kinds of domicil differ in one respect. The domicil of origin is received by operation of law at birth; the domicile of choice is acquired later by the actual removal of an individual to another country accompanied by his animus manendi. The domicil of origin is determined by the domicil	 at the time of the child 's birth	 of that person upon whom he is legally dependent. A legitimate child born in a wedlock to a living father receives the domicil of the father at the time of the birth; a posthumous legitimate child receives that of the mother at that time. As regards change of domicil	 any person not under disability may at any time change his existing domicil and acquire for himself a domicil of choice by the fact of residing in a country other than that of his domicil of origin with the intention of continuing tO reside there indefinitely. For this purpose residence is a mere physical fact	 and means no more than personal presence in a locality	 regarded apart from any of the circumstances attending it. If this physical fact is accompanied by the required state of mind	 neither its character nor its duration is in any way material. The state of mind	 or animus manendi	 which is required demands that the person whose domicil is the object of the inquiry should have formed a fixed and settled purpose of making his principal or sole permanent home in the country of residence	 or	 in effect	 he should have formed a deliberate intention to settle there. It is also well established that the onus of proving that a domicil has been chosen in substitution for the domicil of origin lies upon those who assert that the domicil of origin has been lost. The domicil of origin continues unless a fixed and settled intention of abandoning the first domicil and aquiring another as the sole domicil is clearly shown (see Winarts vs Attorney General. (1) In Munro vs Munro(2) Lord Cottonham states the rule as follows: "The domicil of origin must prevail until the party has not only acquired another	 but has manifested and carried into execution an intention of abandoning his former domicil	 and acquiring another as his sole domicil. To effect this abandonment of the domicil of origin	 and substitute another in its place	 it required animo et facto	 that is	 the choice of a place	 actual residence in the place then chosen and that it Should be the principal and permanent residence	 the spot where he had placed larem rerumque ac fortunarum suarum summam. In fact	 there must be both residence and intention. Residence alone has no effect	 per so	 though it may be most important as a ground from which to infer intention. " (1) (2) 7 C.I. & Fin . 876. 800 In Aikman vs Aikman(1)	 Lord Campbell has discussed the question of the effect on domicil of an intention to return to the native country	 where such intention is attributable to an undefined and remote contingency. He said: "If a man is settled in a foreign country	 engaged in some permanent pursuit requiring his residence there	 a mere intention to return to his native country on a doubtful contingency	 will not prevent such a residence in a foreign country from putting an end to his domicil of origin. But a residence in a foreign country for pleasure	 lawful or illicit	 which residence may be changed at any moment	 without the violation of any contract or any duty	 and is accompanied by an intention of going back to reside in the place of birth	 or the happening of an event which in the course of nature must speedily happen	 cannot be considered as indicating the purpose to live and die abroad. " On behalf of the appellant Mr. Aggarwala relied on the decision. of the House of Lords in Moorhouse vs Lord(2) in which it was held that in order to lose a domicil of origin	 and to acquire a new domicil	 a man must intend quatenus in illo exuere patriam and there must be a change of nationality	 that is natural allegiance R is not enough for him to take a house in the new country	 even with the probability and the belief that he may remain there all the days of his life. But the principle laid down in this case was discussed in Udny vs Udny(3) which decision is the leading authority on what constitute a domicil of choice taking the place of a domicil of origin. It is there pointed out by Lord Westbury that the expressions used in Moorhouse vs Lord(2)	 as to the intent exuere patriam	 are calculated to mislead	 and go beyond the question of domicil. At page 458 Lord Westbury states: "Domicil of choice is a conclusion or inference which the law derives from the fact of a man fixing voluntarily his sole or chief residence in a particular place	 with the intention of continuing to reside there for an unlimited time. This is description of the circumstances which create or constitute a domicil and not a definition of the term. There must be residence freely chosen and not prescribed or dictated by any external necessity	 such as the duties of office	 the demands of creditors	 or the relief from illness	 and it must be a residence fixed	 not for a limited period or particular purpose	 but general and indefinite in its future contemplation. It is true that residence	 originally temporary or intended for a limited (1) 3 Mac Q.	 H.L.C. 854. (2) 10 H.L. Cas. 272. (3) L.R. 1 H.L. Sc. 801 period	 may	 afterwards become general and unlimited; and in such a case	 so soon as the change of purpose	 or animus manendi	 can be inferred	 the fact of domicil is established . " In the next case Doucet vs Geoghegan (1) the Court of Appeal decided that the testator had acquired an English domicil; and one of the main facts relied on was that he had twice married in England in a manner not conforming to the formalities which are required by the French Law for the legalisation of marriages of Frenchmen in a foreign country. James L. J. stated as follows: "Both his marriages were acts of unmitigated scoundrelism	 if he was not a domiciled Englishman. He brought up his children in this country; he made his will in this country	 professing to exercise testamentary rights which he would not have if he had not been an Englishman. Then with respect to his declarations	 what do they amount to? He is reported to have said that when he had made his fortune he would go back to France. A man who says that	 is like a man who expects to reach the horizon and finds it at last no nearer than it was at the beginning of his journey. Nothing can be imagined more indefinite than such declarations. They cannot outweigh the facts of the testator 's life. " In our opinion	 the decisions of the English Courts in Udny vs Undy(3) and Doucet vs Geoghegan(1) represent the correct law with regard to change of domicil of origin. We are of the view that the	 only intention required for a proof of a change of domicil is an intention of permanent residence. In other words	 what is required to be established is that the person who is alleged to have changed his domicil of origin has voluntarily fixed the habitation of himself and his family in the new country	 not for a mere special of temporary purpose	 but with a present intention of making it his permanent home. Against this background of law we have to consider the facts in the present case for deciding whether Narain Raja had adopted India as his permanent residence with the intention of making a domicil of choice there. In other words	 the test is whether Narain Raja had formed the fixed and settled purpose of making his home in India with the intention of establishing himself and his family in India. (1) 9 Ch. (2) L.R. 1 H.L. So. 802 The following facts have been either admitted by the parties found to be established in this case. Narain Raja was educated in Calcutta from 1934 to 1938. From the year 1938 onwards Narain Raja lived in Ramnagar. After Rama Raja 's death in 1947 Narain Raja continued to live in Ramnagar	 being in possession of properties obtained by him under compromise in 1944. In the course of his statement Narain Raja deposed that his father had built a palace in Ramnagar between 1934 and 1941 and thereafter Narain Raja himself built a house at Ramnagar. Before he had built his house	 Narain Raja lived in his father 's palace. There is the partition suit between Narain Raja and his brothers in the year 1942. Exhibits 1(2) and 1(1) are the preliminary and final decrees granted in that suit. After the partition Narain Raja was looking after the properties which were left joint and was the manager thereof. The extensive forests of Ramnagar estate were not partitioned and they had been left joint. Narain Raja used to make settlement of the forests on behalf of the Raj and pattas used to be executed by him. After partition	 he and his wife acquired properties in the district of Champaran	 in Patna and in other places. Narain Raja and his wife and children possessed 500 or 600 acres of land in the district of Champaran. Narain Raja managed these properties from Ramnagar. He had also his houses in Bettiah	 Chapra	 Patna and Benaras. The forest settlements are supported by Exhibits X series	 commencing from 1943	 and by exhibit W of the year 1947. Then	 there are registered pattas excluded by Narain Raja of the year 1945	 which are Exs. W/3	 W/4	 and W/5. There are documents which prove acquisition of properties in the name of Narain Raja 's wife F(D	 F(2). F(3) and F(5). Exhibit F(4) shows the purchase of 11 bighas and odd land at Patna by Narain Raja. It is also important to notice that Narain Raja had obtained Indian Passport dated March 23	 1949 from Lucknow issued by the Governor General of India and he is described in that Passport as Indian by birth and nationality and his address is given as Ramnagar of Champaran district. In the course of his evidence Narain Raja said that he had been to Barewa for the first time with his father when he was 10 or 12 years old. He also said that he had not gone to Barewa for ten years before 1963. The High Court considered that for the determination of the question of domicil of a person at a particular time	 the course of his conduct and the facts and circumstances before and after that time are relevant. We consider that the view taken by the High Court on this point is correct and for considering the domicil of Narain Raja on the date of coming into force of the Constitution of India his conduct and facts and circumstances subsequent to the time should also be taken into account. 'This view is borne 803 out by the decision of the Chancery Court in In re Grove Vaucher vs The Solicitor to the Treasury(1) in which the domicil of one Marc Thomegay in 1744 was at issue and various facts and circumstances after 1744 were considered to be relevant. At page 242 of the report Lopes	 L.J. has stated: "The domicil of an independent person is constituted by the factum of residence in a country	 and the animus manendi	 that is	 the intention to reside in that country for an indefinite period. During the argument it was con	ended that the conduct and acts of Marc Thomegay subsequently to February	 1744	 at the time of the birth of Sarah were inadmissible as evidence of Marc Thomegay 's intention to permanently reside in this country at that time. It was said that we must not regard such conduct and acts in determining what the state of Marc Thomegay 's mind was in February	 1744. For myself I do not hesitate to say I was surprised at such a contention; it is opposed to all the rules of evidence	 and all the authorities with which I am acquainted. I have always understood the law to be	 that in order to determine a person 's intention at a given time	 you may regard not only conduct and acts before and at the time	 but also conduct and acts after the time	 assigning to such conduct and acts their relative and proper weight of cogency. The law	 I thought	 was so well established on that subject that I should not have thought it necessary to allude to this contention	 unless I had understood that the propriety of admitting this evidence was somewhat questioned by Lord Justice Fry	 a view which I rather now gather from his judgment he has relinquished. " We are	 therefore	 of opinion that. the conduct and activities of Narain Raja subsequent to the year 1949 are relevant but we shall decide the question of his domicil in this case mainly in the light of his conduct and activities prior to the year 1949. Reverting to the history of Narain Raja 's life from 1950 onwards	 it appears that he had married his wife in 1950. His wife belonged to Darkoti in Himachal Pradesh near Patiala. The marriage had taken place at Banaras. Narain Raja had a son and a daughter by that marriage and according to his evidence the daughter was born in Banaras and the son was born in Bettiah. The daughter prosecutes her studies in Dehradun. In 1950 or 1951 Narain Raja had established a Sanskrit Vidalya in Ramnagar in the name of his mother	 called Prem Jananl Sanskrit Vidyalaya. The story of Narain Raja 's political activities is as follows: There was a Union Board in Ramnagar before Gram Panchayats had come into existence	 of which Narain Raja was the Chairman or President. (1) (1889) 40 Oh. D. 216. 804 After Gram Panchayats were established	 the Union Board was abolished. Narain Raja was a voter in the Gram Panchayat and he was elected as the Vice President of the Union called C.D.C.M. Union of Ramnagar. For the General Elections held in 1952 Narain Raja was a voter from Ramnagar Constituency. In the General Election of 1957 he stood as a candidate opposing Kedar Pandey. Thereafter	 he became the President of the Bettiah Sub divisional Swatantra Party and then Vice President of Champaran District Swatantra Party. Taking all the events and circumstances of Narain Raja 's life into account we are satisfied that long before the end of 1949 which is the material time under article 5 of the Constitution	 Narain Raja had acquired a domicil of choice in India. In other words	 Narain Raja had formed the deliberate intention of making his home with the intention of permanently establishing himself his family in India. In our opinion	 the requisite animus manendi has been proved and the finding of the High Court is correct. On behalf of the appellant Mr. Aggarwala suggested that there were two reasons to show that Narain Raja had no intention of making his domicil of choice in India. Reference was made	 in this context	 to exhibit 10(c) which is a khatian prepared in 1960. showing certain properties standing in the name of Narain Raja and his brothers in Nepal. It was argued that Narain Raja had property in Nepal and so he could not have any intention of living in India permanently. It is said by the respondent that the total area of land mentioned in the khatian was about 43 bighas. The case of Narain Raja is that the property had belonged to his natural grandmother named Kanchhi Maiya who had gifted the land to Rama Raja. The land was the exclusive property of Rama Raja	 and after his death	 the property devolved upon his sons. The case of Narain Raja on this point is proved by a Sanad (exhibit AA). In any event	 we are not satisfied that the circumstance of Narain Raja owning the property covered by exhibit 10(c) can outweigh the fact that Narain Raja alone had extensive properties in India after the partition decree of the year 1944. It was also pointed out on behalf of the appellant that Narain Raja	 and before him Rama Raja	 had insisted upon designating themselves "Sri 5	 ' indicating that they belonged to the royal family of Nepal It was argued on behalf of the appellant that Narain Raja had clung tenaciously to the title of "Sri 5"	 thereby indicating the intention of not relinquishing the claim to the throne of Nepal if at any future date succession to the throne falls to a junior member of the family of the King of Nepal. We do not think there is any substance in this argument. It is likely that Narain Raja and his father Rama Raja had prefixed the title of "Sri 5" to their names owing to the pride of their ancestry and sentimental 805 attachment to the traditional title and this circumstance has no bearing on the question of domicil. Succession to throne of Nepal is governed by the rule of primogeniture and it cannot be believed that as the second son of his father	 Narain Raja could ever hope to ascend to the throne of Nepal	 and we think it is unreasonable to suggest that he described himself as "Sri 5" with the intention of keeping alive his ties with Nepal. There was evidence in this ease that Narain Raja 's eider brother Shiv Bikram Sah has left male issues. For the reasons expressed	 we hold that Narain Raja had acquired domicil of choice in India when article 5 of the Constitution came into force. We have already referred to the finding of the High Court that Narain Raja was ordinarily resident in India for 5 years immediately preceding the time when article 5 of the Constitution came into force. It is manifest that the requirements of article 5(c) of the Constitution are satisfied in this case and the High Court rightly reached the conclusion that Narain Raja was a citizen of India at the relevant time. We accordingly dismiss both these appeals with costs. One set Appeals dismissed.

The appellant and respondent were contesting candidates for election to the State Legislative Assembly. The respondent was declared elected	 and the appellant filed an election petition challenging the election on the ground that the respondent was not duly qualified under article 173 of the Constitution as he was a citizen of Nepal and not a citizen of India. The Tribunal held that the respondent was not a citizen of India	 but the High Court in appeal set aside that order and upheld the election of the respondent. On the question whether the respondent was a citizen of India under article 5 of the Constitution	 0n the material date	 HELD: Assuming that the respondent was not born in the territory of India	 on a consideration of all the events and circumstances of his life	 he had acquired a domicile of choice in India long before the end of 1949 which is the material time under article 5 of the Constitution. He had formed the deliberate intention of making India his home with the intention of permanently establishing himself and his family in India and therefore had the requisite animus manendi. He was ordinarily resident in India for 5 years immediately preceding the time when article 5 came into force. Since the requirements of article 5(c) were satisfied	 the High Court rightly reached the conclusion	 that he was a citizen of India at the relevant time. [805 C D] The only intention required for a proof of a change of domicile is an intention of permanent residence. What is required to be established is that the person who is alleged to have changed his domicile of origin has voluntarily fixed the habitation of himself and his family in	 the	 new country	 not for a mere special. or temporary purpose	 but with a present intention of making it his permanent home	 On the question of domicile at a particular time the course of his conduct and the facts and. circumstances before and after that time are relevant. [801 F G; 803 F] Udny vs Udny	L.R. 1 H.L. Sc. 441 and	 Doucet vs Geoghegan	 9Ch. 441	 applied. 794