Case Details

Citation(s)
1975 SLG 3291 = 1975 SLD 3291 = 1975 PLD 1008
Court of Special Judge, Karachi
Suit No. 405 of 1973, decided on 12th March 1974.
Presented By: Fakhruddin G. Ebrahim, J
Haider Mota and S. M. A. Bokhari for Plaintiff. Mansoor Ahmad Khan for Defendant No. 2. Nemo for Defendants Nos. 1 and 3. Already published as P L D 1974 Note 122 at page 177.

ZAKARIA A. BAWANY-Plaintiff -

VERSUS

CITY DEPUTY COLLECTOR, KARACHI AND 2 OTHERS-Defendants

Law: Investment Corporation of Pakistan Ordinance, 1966

Section: 31

Law: West Pakistan Land Revenue Act, 1967

Section: 172

(a) Investment Corporation of Pakistan Ordinance (IV of 1966) S. 31-Expression "all sums due to the Corporation"-"Dues" are those which are determined and established-Only such amounts would be recoverable as land revenue as are admitted or established by a com petent Court of law. Under section 31 of the Investment Corporation of Pakistan Ordinance only dues can be recovered as arrears of land revenue and since the dues are those which are determined and established, only such amounts would be recoverable as land revenue as are admitted or established by a competent Court of law. Government of West Pakistan v. Abdul Majid and another P L D 1963 Kar. 653 ; Province of West Pakistan v. Muhammad Ayub Khuhro P L D 1967 Kar. 673 ; Wharton's Law Lexicon ; State Bank of Pakistan v. Karachi Development Authority P L D 1967 Kar. 216 ; Abdul Latif v. Government of West Pakistan P L D 1962 S C 384 and Mahboob Alam v. Province of Punjab and others 1973 S C M R 415 ref. (b) Suit All issues arising out of pleadings-Need not be determined-Court will determine only such allegations in pleadings as are necessary in relation to relief claimed. (c) West Pakistan Land Revenue Act (XVII of 1967) S. 172-Claiming bar to jurisdiction of civil Courts it must first be established that sum sought to be recovered is one recoverable as arrears of land revenue. Dates of hearing : 30th, 31st January ; 1st, 8th, 15th, 22nd, 25th, 26th, 27th February ; 1st, 8th and 12th March 1974.                                                                                                                     JUDGMENT By an agreement in writing dated 25-9-1969 Investment Corporation of Pakistan, the defendant No. 2 herein, hereinafter referred to as the I. C. P. agreed to sell and the plaintiff agreed to purchase 30,000 ordinary shares of Rs. 10.011 each of R. R. Jute' Mills Ltd., a company…
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