Case Details

Citation(s)
1967 SLG 5409 = 1967 SLD 5409 = 1967 PLD 61
Sindh High Court
First Appeals Nos. 145 and 173 of 1960, decided on 20th April 1965.
Presented By: Inamullah and Wahiduddin Ahmed, JJ

MUHAMMAD YAKOOB ALI MOHAMED -Appellant  

VERSUS

  ESTATE OFFICER, GOVERNMENT OF PAKISTAN, KARACHI-Respondent

Law: Sind (Requisition of Land) Act (XLVI of 1947)

Section: 3-A,4

Law: Limitation Act (IX of 1908)

Section: 29,12

Law: Land Acquisition Act (I of 1894)

Section: 23(2),28,34

(a) Sind (Requisition of Land) Act (XLVI of 1947)----   ---- Ss. 3-A & 4-Arbitrator competent to award rent as compensation from date of requisition.   (b) Sind (Requisition of Land) Act (XLVI of 1947)---   --- S. 4 read with Sind (Requisition of Land) Rules, r. 7 and Limitation Act (IX of 1908), Ss. 29 & 12 and Sch.-Sind (Requisition of Land) Act, 1947, a special Act not governed by period prescribed in First Schedule to Limitation Act, 1908-Appeal against decision of Arbitrator acting under S. 4, Sind (Requisition of Land) Act, 1947-Appellant entitled under S. 12, Limitation Act, 1908, in computing period of limitation, to exclude time required for obtaining copy of judgment-Time for appeal would run from date of knowledge of order passed.   The Sind (Requisition of Land) Act, 1947 is a special Act and as such is not governed by the period prescribed in the First Schedule of the Limitation Act, 1908. Under section 12 of the Limitation Act, 1908, a person aggrieved by the award of an Arbitrator under the Sind (Requisition of Land) Act, 19 7 is, therefore, entitled to exclude, in computing the period of limita tion for appeal, the time required for obtaining the copy of the judgment. Cases in which the starting point of limitation is the date of decision, such date is the date when the decision is passed and it cannot be passed unless it is in some way pronounced or published under such circumstances that the parties affected by it have a reasonable opportunity of proving what it contains.   Tahir Ali v. Chief Judge, Karachi Small Causes Court P L D 1963 S C 147; Secretary of State for India in Council v. Gopisetti Narainswami Naidu I L R 34 Mad. 151; Bulchand Keshavdas v. Commissioner of Income-tax, Bombay (1930) 128 I C 678 and Municipality of Hyderabad v. Allahdino (1931) 134 I C 363 ref.   (c) Sind (Requisition of Land) Act (XLVI of 1947)-------   ------S. 4- Interest on compensation-Arbitrator competent to award to owner in addition to compensation interest thereon from date of Acquisition till date of payment-Land Acquisition Act (I of 1894), Ss. 23(2), 28 & 34-Interests ACT (XXXII of 1939), S. 1, proviso.…
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