ZAFARULLAH KHAN AND 7 Others vs ABDUL REHMAN AND 4 Other — 1971 SCMR 702

Citation: 1971 SCMR 702

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-10-18

Parties: ZAFARULLAH KHAN AND 7 Others vs ABDUL REHMAN AND 4 Other

Headnotes

Case cited as 1971 SCMR 702

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: ZAFARULLAH KHAN AND 7 Others vs ABDUL REHMAN AND 4 Other Case No.:Civil Petition for Special Leave to Appeal No. 120 of 1971 L. P. A. No. 395 of 1969 Date of Judgment:1971-10-18 Reported As: 1971 SCMR 702 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioners undertook to furnish security for mesne profits during the pendency of the suit as a condition for setting aside the appointment of a Receiver by a learned Single Judge of the High Court. The Letters Patent Bench accepted the prayer and allowed the appeal and directed the petitioners to furnish security for mesne profits in the sum of Rs. 5,000 per annum, from the date of the institution of the, suit. It is against this order that the petitioners seek leave to appeal. The petition is wholly misconceived as it is not the intention of the framer of the Constitution that interim orders of the nature indicated above, should be interfered with by this Court in the exercise of its extraordinary jurisdiction under Article 58. On merits too we see no reason to differ with the estimation of mesne profits by the High Court. The petition is dismissed.

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