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SAJJAD HUSSAIN AND 2 Others vs The STATE — 1970 SCMR 548

Citation: 1970 SCMR 548

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-02-03

Parties: SAJJAD HUSSAIN AND 2 Others vs The STATE

Headnotes

Case cited as 1970 SCMR 548

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: SAJJAD HUSSAIN AND 2 Others vs The STATE Case No.: Criminal Appeal No. 16 of 1967 Date of Judgment:1970-02-03 Reported As: 1970 SCMR 548 Result: Appeal accepted JUDGMENT JUDGMENT WAHIDUDDIN AHMAD, J.-This appeal is under Article 58(2)(c) of the abrogated Constitution of Islamic Republic of Pakistan, 1962 against the order of a learned Single Judge of the West Pakistan High Court, Lahore, in Criminal Original No. 133 of 1965. By this judgment, the appellants were held guilty of contempt of Court and were sentenced to a fine of Rs. 250 each. In default of payment of fine they were to suffer simple imprisonment for one month each. Briefly, the facts leading to this appeal are that 17 acres of agricultural land situated in the revenue estate of Chak Gopiwala, Burj Kura Mal, Tehsil Chiniot, District Jhang, belonging to one Ganga Ram, son of Nanak Chand, since evacuee, was mortgaged with the father of one Dost Muhammad under a mortgage deed dated the 30th September 1943, for a consideration of Rs. 21,000. On the death of Dost Muhammad's father, a mutation of inheri--tance was sanctioned in his favour in 1955. This land was allotted to appellants Sajjad Hussain and Mst. Mehdi Sultan Begum on the 6th May 1960, by the Rehabilitation authorities. They obtained symbolical possession of the property in dispute on the 20th March 1961 from the tenants of the property namely, Shera, Khaira,…

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