| Citation(s) |
|---|
| 1964 SLG 166 1964 SLD 166 1964 PLD 220 |
Supreme Court of Pakistan
Civil Appeal No. K-27 of 1963, decision dated: 7th February 1964, hearing DATE : 4th December 1963
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Ibadat Yar Khan Advocate Supreme Court instructed by Yousuf Rafi Attorney for Appellant. M. F. Rahman Senior Advocate Supreme. Court (K. M. Shameem Advocate Supreme Court with him) instructed by R. F. Spickernell Attorney No. 1. M. A. I. Lakhani Advocate
Civil Appeal No. K-27 of 1963, decision dated: 7th February 1964, hearing DATE : 4th December 1963
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Ibadat Yar Khan Advocate Supreme Court instructed by Yousuf Rafi Attorney for Appellant. M. F. Rahman Senior Advocate Supreme. Court (K. M. Shameem Advocate Supreme Court with him) instructed by R. F. Spickernell Attorney No. 1. M. A. I. Lakhani Advocate
MIR LAIK ALI
VS
(1) STANDARD VACUUM OIL COMPANY (ESSO) AND (2) ABDUL RAZZAK
Law: Civil Procedure Code (V of 1908)
Section: OrderXXI,rule58,59,60,61,151
Law: Muslim Personal Law (Shariat) Application Act, (XXVI of 1937)
Section: 2
Law: Transfer of Property Act, 1882
Section: 123,129
(a) Muhammadan Law----------Application-Gift by trustees of trust -All trustees Muslims-Trust formed for benefit of Muslim refugees from Hyderabad (Deccan)-Application of Muhammadan Law to gift cannot be ruled out by saying that "trustees were Muslims by accident." (b) Muslim Personal Law (Shariat) Application Act (X of 1937)----- ---- S. 2-Application in Sind (formerly Included in Bombay Presidency)-(Gifts. charitable endowments, trusts)-Regulation IV of 1827, S. 26. (c) Civil Procedure Code (V of 1908)-------- --- O. XXI, r. 58-Amendment introduced by Code of Civil Procedure (Amendment) Ordinance (XLIV of 1962) and repeal of such amendment bay Code of Civil Procedure (Amendment) Act (III of 1963)-Combined effect of amendment and repeal of amendment-Repealed amendment to be altogether ignored. (d) Civil Procedure Code (V of 1908)------ ---O. XXI, r. 58-Scope of inquiry-Ascertainment of possession-Inquiry as to title as such of no avail though relevant as having bearing on question of possession. The only inquiry that affects the decision is the enquiry for ascertainment of possession. Title may have a bearing on the question of possession and for that purpose may be relevant, but an inquiry into title as such is of no avail. (e) Adverse possession------ ----Possession, obtained through an invalid deed (unregistered) which is claimed by transferee to be valid, and held by transferee in his own right-Adverse. (f) Civil Procedure Code (V of 1908)------- ---O. XXI, r. 58-Independent possession of claimant under r. 58 sufficient to prove claim. (g) Juristic person---- ---Whether trust a juristic person (Quaere). JUDGMENT B. Z. KAIKAUS, J..-This is an appeal against the order of a learned Single Judge of the High Court of West Pakistan, Karachi Bench, dismissing objections filed by the appellant, the Hyderabad Rehabilitation Trust, against the attachment of the Ceramic Industries Factory, in execution of a decree obtained by respondent No. 1, the Standard Vacuum Oil Company, against the Hyderabad Relief and Rehabilitation Trust. The Hyderabad Relief and Rehabilitation Trust which has not been made a party to this appeal was created on the 15th September 1950 by a…
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