MUHAMMAD ' INAYAT ALI KFIAN AND ANOTHER vs FAZLURREHMAN AND — 1970 PCRLJ 792

Citation: 1970 PCRLJ 792

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD ' INAYAT ALI KFIAN AND ANOTHER vs FAZLURREHMAN AND JUDGMENT

Headnotes

Case cited as 1970 PCRLJ 792

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title:MUHAMMAD ' INAYAT ALI KFIAN AND ANOTHER vs FAZLURREHMAN AND JUDGMENT Reported As: 1970 P Cr. L J 792 Result: Application allowed Judgment JUDGMENT The applicants have applied to this Court under section 561-A, ' Cr. P. C. For quashing the proceeding pending against them in the Court of the IV Additional City Magistrate which was initiated upon a complaint filed by opponent No. 1 an 30th April 1969. The learned Additional City Magistrate registered the case under section 420, P. P. C. And issued bailable warrants against them on the same day. 2. The facts which formed the background of the complaint are that an agreement was executed between applicant No. I representing the contractor `Inayat A. Khan and Brothers' and one Abdur Rahman, the father of opponent No. 1 for constructing his house on plot No. 84 in Rifah-e-am Society, Karachi some time during March 1968. Abdur Rahman gave an advance payment by cheque of R's. 10,000 to applicant No. 1 on 26th March 1968. It appears that there arose a dispute between them with regard to the progress of the construction, upon which applicant No. 1 served a notice through his Advocate on Abdur Rehman on 4th July 1968. This was replied to by Abdur Rehman through his Advocate on 11th February 1969. The allegations in the reply were controverted by the Advocate on behalf of applicant No. I by his letter dated 20th February 1969. A report was also lodged against the applicants…

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