Law:

Section:

Pakistan Refugees Rehabilitation Finance Corporation Ordinance (X V of 1948), S. 11 read with Revenue Recovery Act (I of 1890), S. .S Recovery as land revenue Section 11 of Pakistan Refugees Rehabilitation Finance Corporation Ordinance, 1948 merely authorless Corporation to recover as land revenue all sums due to it-Provision does not authorizes Corporation to unilaterally declare sums due to it from a debtor. ORDER WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal is directed against the order of the West Pakistan High Court, Karachi Bench, in Letters Patent Appeal No. 102 of 1967, decided on the 8th May 1969. By this order, the High Court dismissed the appeal filed by the petitioner. The dispute between the parties is about the execution of a decree passed in favour of the respondent in suit No. 76 of 1961 decreed in the sum of Rs. 1,89,406 on the 24th October 1966. The High Court, Karachi Bench, passed this decree in favour of the respondent for damages owing to malicious arrest and detention. This decree was executed by respondent No. 1 on the 10th December 1966. On a garnishee order passed in his favour, the National Bank of Pakistan deposited a sum of Rs. 1,66,612.95 in response to the order of the High Court. It appears that on the 23rd May 1951, a loan of Rs. 1,00,000 was advanced by the petitioner to respondent No. 1 to enable him to carry on his business. This amount remained unpaid. In 1954, action was taken against respondent No. 1 under sec­tion 11 of the Pakistan Refugees Rehabilitation Finance Corpora­tion Ordinance of 1948. While the matter was pending before the City Deputy Collector, Karachi, the parties entered into an agreement on the 13th February 1956, and under its terms, the petitioner took over the business of respondent No. 1 with the object of repaying its loan from the business of a Motor Repair­ing Garage. In this connection, the petitioner invested a sum of Rs. 57,589 for improvement of the business. In spite of this, the petitioner was unable to recover its loan. In July 1958, fresh proceedings for the recovery of the loan were started and respondent No. 1 was arrested and kept in civil prison from 15th July 1958 up…

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