| Citation(s) |
|---|
| 1968 SLG 116 1968 SLD 116 1968 PLD 342 |
Supreme Court of Pakistan
Civil Appeal No.,44-D of 1966, decision dated: 31st May 1968. (On appeal from the judgment and order of the High Court of West Pakistan, Dacca, dated the 6th June 1961, In First Appeal No. 105 of 1957).
S. A. RAHMAN, C.J., FAZLEAKBAR, HAMOODUR RAHMAN, MUHAMMAD YAQUB ALI AND SAJ, FAD AHMAD, JJ
Asraru fussaln, Kamal-ud-Din Hussain and Ismail-ud-Din Sarkar,.Advocates Supreme Court instructed by Abu Backkar, Attorney for Appellants. Abdus Sobhan, Senior Advocate Supreme Court (A. T. Sadi, Advocate Supreme Court) with him instructed by Md. Ayaz-ud
Civil Appeal No.,44-D of 1966, decision dated: 31st May 1968. (On appeal from the judgment and order of the High Court of West Pakistan, Dacca, dated the 6th June 1961, In First Appeal No. 105 of 1957).
S. A. RAHMAN, C.J., FAZLEAKBAR, HAMOODUR RAHMAN, MUHAMMAD YAQUB ALI AND SAJ, FAD AHMAD, JJ
Asraru fussaln, Kamal-ud-Din Hussain and Ismail-ud-Din Sarkar,.Advocates Supreme Court instructed by Abu Backkar, Attorney for Appellants. Abdus Sobhan, Senior Advocate Supreme Court (A. T. Sadi, Advocate Supreme Court) with him instructed by Md. Ayaz-ud
(1) BEJOYRANJAN KANUNGO,
(2) SHANCHAI RANJAN KANUNGO alias SANJOY
RANJAN KANUNGO,
(3) HIRAK RANJAN KANUNGO, S/O LAZE MOKSHADA
RANJAN KANUNGO,
(4) MONORAMA KANUNGO W/O LATE MOKSHADA
RANJAN KANUNGO,
(5) BHAGA13ATI CHARAN DASGUPTA s/o LATE GOUR
C
Law:
Section:
(a) Specific Relief Act (I of 1877), S. 42-Declaratory decree Not susceptible to execution through intervention of Court-[Decree based on award that K was to remain tenant of until such date as D paid to K a certain sum --Such sum further directed to be paid within 4 months or at any later date-Decree held to be declaratory in nature and so not executable-Omission on part of D to pay sum awarded to K within 4 months did not affect D's proprietary rights in house occupied by K as tenant]. (b) Transfer of Property Act (IV of 1882), S. 108 (n) read with Trusts Act (11 of 1882), S. 88-Tenant's duty to inform landlord of any invasion of landlord's proprietary rights by legal proceedings or otherwise-House, leased out to tenant, sold in lieu of municipal taxes and dues, and purchased by tenant himself without informing the landlord of the impending sale-Held, sale to tenant ensured for benefit of landlord and that thereby a constructive trust was created in favour of landlord-[York Building Company v. Mackenzie 3 Paton 378 and Nugent v. Nugent L R (1908) 1 C J D 546 ref., AIcDonnel and Monroe, 7th Edn., p. 195 and Cosens-Hardy M. R's. observations at p. 549]. (c) Limitation Act (IX of 1908), Art. 142 read with Evidence Act (I of 1872), S. 116-R purchasing on 1-9-1943 house from D owner, house being in occupation of tenant K-Tenant K setting up a hostile title on 7-6-1944-Suit for possession by R on 30-1-1956, held, to be within time. JUDGMENT MUHAMMAD YAQUB ALI, J.-This certificated appeal arises out of Title Suit No. 2 of 1956 instituted by Khan Bahadur Khalilur Rahman, respondent, against the appellants, for declaration of title and recovery of possession of a house situated in the town of Chittagong. The relevant facts may be stated thus : The house belonged to one Monomohan Dastidar, predecessor of the pro forma defendants 7 to 9 and was taken on lease by Mokshada Ranjan Kanungo, a Pleader of Chittagong, predecessor of the appellants herein, at a monthly rent of Rs. 25 and payment of municipal taxes and dues. In 1928 the said lessor and the lessee hereinafter referred to as Dastidar and Kanungo entered into an agreement for the conveyance of the house to the…
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