HANGIMAL vs ABDUL AZIZ KHAN — 1965 PLD 83

Citation: 1965 PLD 83

Court: Sindh High Court

Year: 1969

Decision Date: 1969-07-30

Parties: HANGIMAL vs ABDUL AZIZ KHAN

Headnotes

Case cited as PLD 1965 SC 83

Judgment Text

Court Name: Sindh High Court Judge(s): Feroze Nana Ghulam Ali Title: HANGIMAL vs ABDUL AZIZ KHAN Case No.: Second Appeal No, 205 of 1963 Date of Judgment:1969-07-30 Reported As: PLD 1971 Karachi 147 Result: Appeals and revision dismissed JUDGMENT JUDGMENT The parties to these three matters are common and the litigation is in respect of premises No, 604, Ward 2, of Jacobabad, in the former Province of Sind in the possession and occupation of Abdul Azia Khan (hereinafter referred to as the respondent). Jhangimal (hereinafter referred to as the appellant) claimed to be the owner as the legal representative and heir of one Gobindi Bai widow of Radhomal, a cloth dealer. The case of the respondent was that he had been in occupation of these premises since the days of Radhomal and appellant's case was that Gobindi Bai died issueless and executed a will on the 10th of September 1960, in favour of Jhangimal, three days before her death which occurred on the 13th of September 1960. 2. The litigation initially started about a year after Gobindi Bai's death when Jhangimal filed an application before the Rent Controller claiming himself to be the owner of the premise; in dispute, the respondent challenging his ownership. The appellant undertook to satisfy the respondent that he was in fact the owner of these premises and the matter was compromised on 12th December 1961, between the parties, the appellant assuring the respondent that the will was valid and had the sanction of law. 3. It…

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