AHMAD SHAFI SHEIKH vs MUNICIPAL COMMITTEE, RAWALPINDI — 1971 PLD 206

Citation: 1971 PLD 206

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-16

Parties: AHMAD SHAFI SHEIKH vs MUNICIPAL COMMITTEE, RAWALPINDI

Headnotes

Case cited as PLD 1971 Lahore 206

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: AHMAD SHAFI SHEIKH vs MUNICIPAL COMMITTEE, RAWALPINDI Case No.: Regular Second Appeal No, 62 of 1968 Date of Judgment:1970-03-16 Reported As: PLD 1971 Lahore 206 Result: Appeal accepted, Case remanded JUDGMENT JUDGMENT Ahmad Shafi Sheikh (hereinafter called the plaintiff) filed a suit against Municipal Committee, Rawalpindi (hereinafter called the defendant) for a permanent injunction so as to restrain it from recovering the amount of encroachment fees claimed in the notices and from demolishing the constructions mentioned in the plaint. The case of the plaintiff was that he was owner of the various shops mentioned in his plaint projections of which extended over some portion of the Municipal land. The plaintiff had given these shops on rent to various tenants. The Municipal Committee served demand notices on the tenants requiring them to pay encroachment fees amounting to Rs, 6,005.30. Contending that the burden of this liability was ultimately to fall on the plaintiff, he filed the suit hereinbefore mentioned. The Municipal Committee defended the suit and took objection to jurisdiction of the civil Court to try the suit. On the pleadings of the parties the learned Civil Judge framed an issue which reads as follows :- "Whether the Court has jurisdiction to entertain this suit ?" In connection with the above issue, the plaintiff appeared as his own witness and made a statement. From the side of the…

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