JUDGMENT In this application the petitioner prays for the issue of a Writ in the nature of mandamus commanding the respondents for the cancellation of the impugned order as contained in two momoranda bearing Nos. 1612/13 E.A. (R) dated July 13, 1968, and 451/EA. (R) dated Match 30, 1970, of the J.L.R.O. Rampurhat, Birbhum. The petitioner also prays for the issue of the Writ in the nature of Certiorari for quashing the said impugned memoranda as well as other orders for proceedings taken in pursuance thereof. 2. The petitioner's case in the instant petition is as follows : The petitioner is a citizen of India and resides at village Binodepur, P.S. Rampurhat, District Birbhum. By the said impugned memoranda the petitioner was informed that the lands mentioned in the memorandum dated July 13, 1968, had vested in the Custodian of enemy property by virtue of his circular bearing No. 48 (Gen) Pak dated 2.5.68 By the memorandum dated March 30, 1970, the petitioner was directed to submit the accounts to the office of the J.L.R.O., L. R. Circle Office, Rampurhat of the rents, issues and profits of the said lands mentioned in the memorandum dated 13.7.68 as he had been enjoying the same notwithstanding the fact that the same had become vested in Custodian of enemy properties. The petitioner has stated in the petition, that 2.28 acres of land has been recorded jointly in the revisional record of rights in the name of the petitioner and one Abdul Azim and as such Abdul Azim was never in any event the sole and absolute owner of the said 2.28 acres of land. The said properties according to the petitioner never vested in the Custodian of Enemy properties in India. The said lands according to the petitioner belonged originally to the petitioner and the father of Abdul Azim in equal shares. Mozzamel Hossain, the father of Abdul Azim made an oral gift of the said land in favour of the petitioner in March, 1963 in the presence of Abdul Halim. Abswer Ali, son of Azizar Rahaman and Abdul Hamid, son of Bazlar Rahaman of Binodepur, P.S. Rampurhat, District-Birbhum and made over possession of the same to the petitioner. Since then the petitioner has been enjoying the said land as the sole and absolute owner thereof. 3. Abswer Ali, son of Azizar Rahaman and Abdul Hamid, son of Bazlar Rahaman of Binodepur, P.S. Rampurhat, District-Birbhum and made over possession of the same to the petitioner. Since then the petitioner has been enjoying the said land as the sole and absolute owner thereof. 3. The avertments made in the petition by petitioner have not been denied by any of the respondents. In fact no came has been shown against the rule Nisi or against the grounds of the rule Nisi being the petition filed herein. In the premises the facts stated in the petition stand uncontradicted and proved. 4. By reason of the premises I am constrained to come to the finding that the petitioner has proved in the instant petition that he has been the owner of the 16 annas share in the lands mentioned in memorandum dated 13th July, 1968 by virtue of the oral gift as mentioned in paragraph 5 of the petition. The oral gift coupled with delivery of possession under the Mohamedan Law passes title to the donee even of immovable properties. The gift having been made long prior to the alleged date of the circular issued by the Custodian of enemy properties in 1968 could not be affected by the said circular. No part of the said lands which belonged to the petitioner who is an Indian National could vest in the Custodian under the provisions of Enemy Properties Act. 5. In the premises this application must succeed. The Rule nisi is made absolute. There shall be no order as to costs.