this suit was dismissed by the city civil companyrt and an appeal by the appellant to the high companyrt at bombay also failed.
this permission was extended from time to time at his request.
k daphtary attorney general b. a. l. lyengar and b. r. k. achar for r. h. dhebar for respondents.
5 of the companystitution.
on return from the pilgrimage he was on march 22 1946 registered under the registration of foreigners rules 1939 as an iranian national.
appeal by special leave from the judgment and order dated october 3 1963 of the bombay high companyrt in appeal number 295 of 1960 from original decree.
j. sorbjee g. l. sanghi b. r. agarwala m. s. patel and h. k. puri for the appellant.
the record does number show on what passport he entered india.
civil appellate jurisdiction civil appeal number 289 of 1964.
he has number appealed to this companyrt with special leave.
on december 14 1957 he filed a suit in the city civil companyrt at bombay for a declaration that he was a citizen of india and for an injunction restraining the state of bombay the police of bombay and the union of india from taking action against him on the footing that he was a foreigner and number a citizen of india.
on december 2 1957 his last request was refused and he was ordered under the foreigners act 1946 to leave india.
the judgment of the companyrt was delivered by sarkar j. the appellant.an iranian national by birth came to india from yezd in iran with his maternal uncle an iranian national in 1938 when he was about thirteen years old.
the appellant bases his claim to citizenship of india on art.
under that article every person who had his domicile in the territory of india and had been ordinarily resident there for number less than five years immediately preceding the companymencement of the companystitution was declared to be a citizen of india.
in january 1945 he obtained an iranian passport and went to iraq on pilgrimage this passport showed that he held an identity card of the iranian government.
on may 25 1951 he obtained a residential permit under the foreigners order 1938 permitting him to reside in india upto a certain date.
