MA GUL AND 2 OTHERS vs Haji FATAK AND 3 OTHERS — 1971 PLD 127

Citation: 1971 PLD 127

Court: Balochistan High Court

Year: 1971

Decision Date: 1971-05-26

Parties: MA GUL AND 2 OTHERS vs Haji FATAK AND 3 OTHERS

Headnotes

Case cited as PLD 1971 Quetta 127

Judgment Text

Court Name: Balochistan High Court Judge(s): Dorab Patel Title: MA GUL AND 2 OTHERS vs Haji FATAK AND 3 OTHERS Case No.: Constitution Petition No, 36 of 1967 Date of Judgment:1971-05-26 Reported As: PLD 1971 Quetta 127 Result: Petition accepted JUDGMENT JUDGMENT The petitioners and the first two respondents are related to one another and were in joint possession of a share of land, the particulars of which are not relevant to this petition. It is sufficient to state, for the purpose of this petition that, as the petitioners did not want to remain joint with the first two respondents, they filed a suit for Partition under section 8 of the Frontier Crimes Regulation, 1901 (hereafter called the F. C. R.) against the said respondents in the Court of the Extra Assistant Commissioner and Additional District Magistrate on 11-3-1966. This suit is pending in the Court of the said Additional District Magistrate. The following month, on 16-4-1966, the said respondents filed a suit against the petitioners, also under section 8 of the F. C. R. in the Court of the Extra Assistant Commissioner, Fort Sandeman for the recovery of a sum of Rs, 10,218. This amount was claimed from the petitioners as their share of the liability in respect of four murders committed in the Fort Sandeman Area. The Extra Assistant Commissioner, Fort Sandeman made the usual enquiries under the F. C. R. and found that the contribution claimed by the first two respondents related to one murder committed in 1920-21…

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