The plain meaning of the Rule 161 (b) of the De­fence of Pakistan Rules is that any person who is the resident in enemy territory is an enemy. Enemy territory is a country which is at war or engaged in military operations against Pakistan. The Declaration of Emer­gency, was made on September 6, 1965 on the out-break of war with India and this decla­ration of emergency continued in force till February, 1969 when it was withdrawn by an Ordinance. It has not been disputed before us that in May, 1966 when appellants proper­ties were declared an enemy property, the declaration or emergency was in force and therefore the state of war or the military opera­tion was subsisting. It is also not disputed that the appellants at the relevant time was residing in India for a continuous period of over six years.

Reverting back to the rule we find that the language employed is that any indi­vidual resident in enemy territory is an enemy. Distinction has been made between enemy sub­ject as defined in Rule 169(1) (a) of the De­fence of Pakistan Rules which means a person who is national of enemy territory and enemy in Rule 161 (b) who is resident in enemy territory. In case of enemy subject was made out against the appellants and so we are re­quired to see whether they come within the mischief of Rule 161 (b). The language em­ployed is an individual resident in enemy territory. Therefore, nationality or national or domicile is not a material consideration under this rule.  The High Court misdirected itself in entering into the question of nation­ality. The meaning of the words resident in 'enemy territory' is to be sought in the context of the Rules. It requires some elucidation. As to what the word ‘resident’ imports counsel of both sides have given their interpretations with cited authorities.  We do not for the present wish to enter into the rival contentions but try to construe it as it appears to us.

( Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD) [960] )

See also Alien enemy, Resident.