FEDERATION OF PAKISTAN, KARACHI vs MESSRS MUHAMMAD SHAFI & SONS, — 1971 PLD 93

Citation: 1971 PLD 93

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-12-31

Parties: FEDERATION OF PAKISTAN, KARACHI vs MESSRS MUHAMMAD SHAFI & SONS, JUDGMENT

Headnotes

Case cited as PLD 1971 Peshawar 93

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Shah Zaman Babar Title:FEDERATION OF PAKISTAN, KARACHI vs MESSRS MUHAMMAD SHAFI & SONS, JUDGMENT Reported As: PLD 1971 Peshawar 93 Result: Appeal dismissed with certain modification Judgment JUDGMENT SHAH ZAMAN BABAR, J.--This is a first appeal by Federation of Pakistan (defendant) from the judgment and decree of Senior Sub-Judge, Peshawar, dated 22-12-1960, whereby a decree for the recovery of Rs, 62,487-10-6 has been granted in favour of M/s. Mohammad Shafi & Sons (plaintiff). 2. On 23-8-1947 the Federation of Pakistan through Major E. Baran in charge of the Contract Branch of C. R. P. A. S. entered into an agreement with M/s. Mohammad Shafi & Sons for the supply of fresh onions in quantity of 1,80,000 lbs. to 0. C. Supply Company, Peshawar and 3,00,030 lbs. to 0. C. Supply Company, Nowshera, for Mardan, Nowshera and Risalpur Stations. The rate fixed was at Rs, 9-12 per hundred lbs. The period of the contract was six months commencing from 1-10-1947 and ending on 31-3-1948. Under the terms of the agreement M/s. Mohammad Shafi & Sons deposited a security of Rs, 2,340 on 2-9-1947. Before the operation of the contract could be taken in hand in the first week of September 1947, due to Partition and Independence exodus of non-Muslims and influx of refugees into Pakistan, epidemic like cholera spread in the Punjab which also gave rise to increase in the demand of fresh onions. The prices of fresh onions, therefore, soared…

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