KHANI SHER vs SECRETARY POST WAR SERVICE RECONSTRUCTION FUND — 1971 PLD 82

Citation: 1971 PLD 82

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-05-20

Parties: KHANI SHER vs SECRETARY POST WAR SERVICE RECONSTRUCTION FUND

Headnotes

Case cited as PLD 1971 Peshawar 82

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: KHANI SHER vs SECRETARY POST WAR SERVICE RECONSTRUCTION FUND Case No.: First Appeal from Order No, 9 of 1962 Date of Judgment:1970-05-20 Reported As: PLD 1971 Peshawar 82 Result: Appeals dismissed JUDGMENT JUDGMENT The following F. A. Os. arise out of the same suit and a common question of law is involved for decisions :- (1)F. A. O. No, 9 of 1962 Khani Sher v. Secy., Post War Services Reconstruction Fund, N.-W. F. P. (2)F. A. O. No, 10 of 1962 Abdul Aziz v. Secy., Post War Services Reconstruction Fund, N.-W. F. P. (3)F. A. O. No, 11 of 1962 Janat Gul v. Secy., Post War Services Reconstruction Fund, N.-W. F. P. and (4)F. A. O. No, 12 of 1962 Zabite Khan v. Secy., Post War Services Reconstruction Fund, N.-W. F. P. These appeals are, therefore, disposed of together by this judgment. 2. Twenty-two Ex-Military Service Men of village Karak, District Kohat, had formed a syndicate for the business of salt and timber in the year 1949. These Ex-Servicemen, including Abdul Aziz, Janat Gul and Zabita Khan as principal debtors (appellants) and 8 other persons as sureties including Khani Sher appellant, executed a registered mortgage-deed dated 26-6-1949. without possession in favour of Secretary, Post War services Reconstruction Fund, N.-W. F. P. plaintiff-respondent had secured a loan of Rs, 50,000, on the terms and conditions mentioned in the mortgage deed. The land and house property of the principal-debtors and…

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