Badar Din vs R.B.L. Banwari Dass Charitable Trust Society Limited and others — 1972 SCMR 8

Citation: 1972 SCMR 8

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 8

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad JUDGMENT Reported As: 1972 SCMR 8 Result: Appeal accepted Judgment JUDGMENT SAJJAD AHMAD, J.-The brief facts of this appeal by special leave, are as follows: Badar Din, the father of the appellants, leased out 9 kanals and 8 marlas of agricultural land situated in Hadbast 1.26, Village Naulakha, district Lahore, for a period of 200 years to one Sardar Udham Singh at the annual rent of Rs. 235 beginning from the 18th of November 1902: The lease deed was duly registered. The said Udham Singh transferred his rights and interests in the land to Pandit Wazir Chand and Krishan Lal, who, in their turn, transferred them to a firm, Mehr Singh Sampuran Singh. The aforesaid lease deed contained several conditions, providing inter alia, that if after 7 years, the lessees defaulted in the payment of rent for any period of 6 months running, the lessees would be liable to be ejected, and also that at the end of the lease period of 200 years, the land shall be restored to the lessor in a cultivated position clear of any super-structures that may be put up there by the lessees. We have heard the learned counsel for tile appellants and the learned counsel appearing on behalf of the Honorary Secretary, R.B.L. Banwari Dass Charitable Trust Society Limited, as well as the learned counsel for the Custodian, Evacuee Property, and the Chief Settlement Commissioner. The other respondents,…

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