ABDUR RAHMAN Alias KANER BAP AND Another vs NIRMALA SUNDARI DEBI — 1971 SCMR 2

Citation: 1971 SCMR 2

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: ABDUR RAHMAN Alias KANER BAP AND Another vs NIRMALA SUNDARI DEBI JUDGMENT

Headnotes

Case cited as 1971 SCMR 2

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title:ABDUR RAHMAN Alias KANER BAP AND Another vs NIRMALA SUNDARI DEBI JUDGMENT Reported As: 1971 SCMR 2 Result: Petition rejected Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a learned Single Judge of the High Court of East Pakistan in an application under section 115 of the Code of Civil Procedure for revising an order of temporary injunction passed by the Munsif, First Court, Kishorganj, in a suit for a permanent injunction. This suit was filed by the respondents herein on the basis of an auction purchase of the suit lands in a rent execution case on 19-4-60. They claimed that the sale certificate was issued in their favour on 21-12-60 and they took delivery of possession through Court on 23-12-60, on 15 acres of land in the area of Saldha Beel which originally belonged to the Gangatiya Zamindars as superior proprietors. The petitioners, it was alleged in that suit, had threatened to dispossess the respondents. Hence the suit. Along with the plaint in this suit an application was also made for a temporary injunction restraining the petitioners from entering upon the suit land. This application for temporary injunction was opposed by the petitioners who alleged that they had all along been in posses--sion of the suit lands as tenants of the original recorded landlords and had subsequently obtained a settlement of the land in…

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