Moshtaque Ahmed vs Sarat Kamini Dasi and Santi Dasi — 1970 SCMR 5

Citation: 1970 SCMR 5

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 5

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Abdus Sattar, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad JUDGMENT Reported As: 1970 SCMR 5 Result: Appeal dismissed Judgment JUDGMENT ABDUS SATTAR, J.-In this appeal by special leave the only question raised is whether an order passed by a District Judge, on appeal under section 3 of the East Pakistan Disturbed Persons (Rehabilitation) Ordinance, 1964 (hereinafter called the Ordinance), is open to revision by the High Court under section 115 of the Code of Civil Procedure. The respondents filed applications under section 2 of the Ordinance against the present appellant alleging that the premises comprising holding Nos. 277 and 278 Lalbag Road (Rishipara), P. S. Lalbag, were in their possession but they had to leave the same owing to the civil disturbances of January 1964. The appellant Moshtaque Ahmed occupied the premises and forcibly took on blank papers thumb-impressions of respondents Sarat Kamini Dasi and Santi Dasi and might have converted the papers into documents of title. The appellant appeared in the proceed--ings and asserted that he had purchased the property from respondents Nos. 2 and 3. A learned Magistrate, on being directed by the Sub-Divisional Officer (South), Dacca, held local enquiry and ordered the appellant to vacate the premises. On appeal, under section 3 of the Ordinance, however, the District Judge, Dacca, set aside the order of the Magistrate and directed restoration of possession. The…

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