| Citation(s) |
|---|
| 1971 SLG 329 1971 SLD 329 1971 SCMR 626 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-111 of 1971, decision dated: 26th August 1971
MUHAMMAD YAQUB ALI AND WAHEEDUDDIN AHMED, JJ
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Civil Petition for Special Leave to Appeal No. K-111 of 1971, decision dated: 26th August 1971
MUHAMMAD YAQUB ALI AND WAHEEDUDDIN AHMED, JJ
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PAKISTAN REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF PAKISTAN, MINISTRY OF REHABILITATION & WORKS, Islamabad High Court High Court. AND anothers
VS
H. H. AHMED---Respondent
Law:
Section:
Civil Procedure Code (V of 1908), S, 9-Procedure prescribed in Sind (Requisition of Land) Act, 1947 but no Tribunal or Arbitrator appointed by Central Government to entertain owners' claim for compensation-Jurisdiction of civil Court to entertain suit for -recovery of compensation for use and occupation, in circumstance, held, not ousted. Muzaffar Hassan, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing : 26th August 1971. ORDER MUHAMMAD YAQUB ALI, J.-The Government of Pakistan seeks leave to appeal from the judgment and decree passed by a Division Bench of the High Court whereby the judgment and decree of reversal passed by the Additional District Judge were set aside and the decree passed by the trial Judge in favour of the plaintiff-respondent for recovery of Rs.16,150 as compensation for the use and occupation of his house requisitioned by the petitioner was restored. The first contention raised by the learned counsel that the premises requisitioned by the Central Government were vacated on 31-12-1961, but the Courts below have granted compensation up to July 1962, finds no support from the record.…
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