KHAIR MUHAMMAD KHAN AND Other vs WAHID BUX — 1970 PLD 60

Citation: 1970 PLD 60

Court: Sindh High Court

Year: 1969

Decision Date: 1969-08-27

Parties: KHAIR MUHAMMAD KHAN AND Other vs WAHID BUX

Headnotes

Case cited as PLD 1970 Karachi 60

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Muhammad Haleem Title: KHAIR MUHAMMAD KHAN AND Other vs WAHID BUX Case No.: Second Appeal No. 17 of 1964 Date of Judgment:1969-08-27 Reported As: PLD 1970 Karachi 60 Result: Appeal dismissed JUDGMENT JUDGMENT QADEERUDDIN AHMED, J.-This second appeal is directed against the judgment of an Additional District Judge, Sukkur, dated the 10th of December 1963, by which he accepted the first appeal of the respondent and setting aside the judgment and decree of the trial Court directed that survey No. 489 be entered in the record-of-rights in the name of Wahid Bux respondent to the extent of annas 0-8-0 as well as restrained the present appellants from interfering with the possession of the respondent. 2. The facts, which form the background of the case, have been stated by counsel for the parties to be that half of a plot of land measuring 1 acre 3 ghuntas situated in Deb. Odherwali, Taluka, Ghotki, District Sukkur was transferred by Ghulam Hussain in favour of Wahid Bux by a sale-deed for a consideration of Rs. 1,500 but there was a condition that the seller could repay the price within a year and get the plot of land back. The transaction was made by a registered document on the l1th of March 1954. According to the above-mentioned provision of the document the price was to be repaid by him in March 1955, and it alleged that the transferor repaid it in time, but this denied by the other side. In 1957, he died,…

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