UNION OF INDIA vs RAJA MOHAMMED AMIR MOHAMMAD KHAN

The Supreme Court upheld the Bombay High Court's decision allowing the writ petition of Raja Mohammed Amir Mohammad Khan, asserting that the property of his deceased father, a former Pakistani national, should not remain vested in the Custodian of Enemy Property after his death. The Court interpreted the Enemy Property Act, 1968, and the Defence of India Rules, 1962, emphasizing that the property should revert to the legal heirs who are Indian citizens, as per Section 22 of the Oudh Estates Act, 1869. The Court ruled that the continued vesting of the property with the Custodian was unjustified post the father's demise, thereby directing the return of the property to the respondent.