ATTAULLAH MALIK vs RASHID AND ANOTHER S — 1959 PLD 364

Citation: 1959 PLD 364

Court: Sindh High Court

Year: 1971

Decision Date: 1971-10-14

Parties: ATTAULLAH MALIK vs RASHID AND ANOTHER S

Headnotes

Case cited as PLD 1959 Kar. 364

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Muhammad Haleem Title: ATTAULLAH MALIK vs RASHID AND ANOTHER S Case No.: Civil Appeal No. 108 of 1966 Date of Judgment:1971-10-14 Reported As: PLD 1972 Karachi 273 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD HALEEM, J.--This second appeal is directed against the judgment and decree dated 9th February 1966, passed by the Additional District Judge, Karachi, by which he dismissed the appeal of the appellant and maintained the judgment and decree of the trial Court dated 9th February 1965. 2. This appeal arises in the following circumstances The respondents, who are plaintiffs in the suit, purchased a house bearing No. 298, survey sheet A. Ivl. 21 situated in Karachi from a Hindu evacuee vide registered sale-deed dated 13th September 1947. They realised rent from the appellant who was its tenant at the rate of Rs. 50 per month till the promulga, tion of Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949). By section 16 of this Ordinance, confirmation of the transaction was necessary and accordingly the respondent applied for the confirmation of the sale which was confirmed on 14th October 1950. This confirmation was set aside by the Custodian of Evacuee Property on 29th February 1952, on some technical ground but again the sale was confirmed on 10th September 1958, by the Additional Custodian (Judicial). The appellant waited for about 13 months and then filed a revision against this order on…

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