SARDAR MUHAMMAD AND 4 Other vs MUNICIPAL COMMITTEE, JHELUM CITY — 1963 PLD 337

Citation: 1963 PLD 337

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-31

Parties: SARDAR MUHAMMAD AND 4 Other vs MUNICIPAL COMMITTEE, JHELUM CITY JUDGMENT

Headnotes

Case cited as PLD 1963 Kar. 337

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Shafi-ur-Rehman Title:SARDAR MUHAMMAD AND 4 Other vs MUNICIPAL COMMITTEE, JHELUM CITY JUDGMENT Reported As: PLD 1970 Lahore 99 Result: Appeals dismissed Judgment JUDGMENT S. RAHMAN, J.-This order will dispose of certificated Letters Patent Appeals Nos. 57/65 and 58/65 as the facts and points of law involved in the two are almost the same. The judgments of our learned brother Muhammad Akram, J. Dated the 4th of May 1965 in R. S. As. Nos. 483/64 and 484/64 dismissing the suits with costs throughout are challenged. 2. The plaintiffs, five in L. P. A. No. 57 of 1965 and 29 in L. P. A. No. 58 of 1965, are all shopkeepers of Bazar Kalan, Jhelum, within the limits of the Municipal Committee. They claimed to have erected Tharas or projections on Municipal Street in front of their shops, with the permission of the Municipal Committee, as long back as 1925 and had been regularly paying the required fee to the Municipal Committee, Jhelum. By a Resolution No. 79 dated the 25th of October 1962, the Municipal Committee, Jhelum, resolved to remove these projections with a view to widening the street. The resolution was confirmed by another Resolution No. 108 dated the 28th of November 1962. In implementing these resolutions, notices were issued to the plaintiffs on the 30th of. October 1962, 1st of December 1962 and 18th of April 1963 ordering them to demolish the projections. Sardar Muhammad and four others (instituted a civil…

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