KHAGENDRA NATH DAS Alias KHOKA DAS AND Another vs BIRENDRA NATH — 1970 SCMR 823

Citation: 1970 SCMR 823

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: KHAGENDRA NATH DAS Alias KHOKA DAS AND Another vs BIRENDRA NATH JUDGMENT

Headnotes

Case cited as 1970 SCMR 823

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title:KHAGENDRA NATH DAS Alias KHOKA DAS AND Another vs BIRENDRA NATH JUDGMENT Reported As: 1970 SCMR 823 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J: This petition for leave to appeal is barred by limitation by twenty-five days, and it arises out of an order of a learned Single Judge of the High Court summarily dismissing a Second Appeal on the 6th January 1970. The plaintiff's suit for declaration of title and recovery of possession was decreed by the trial Court and the appeal there from by the defendants- petitioners was dismissed. The learned Single Judge of the High Court found that both the Courts below concurrently found that the plaintiff did take delivery of possession of the suit property in execution of the decree in the previous Title Suit No. 10 of 1955 and the petitioner's contention that the plaintiff did not succeed in taking physical possession of the suit property in execution of the said decree was accordingly rejected. For the same reason the learned Single Judge also disallowed the petitioner's contention that the plaintiff's claim had become barred by limitation. The petitioners felt aggrieved by the order of the High Court and they accordingly applied for leave to appeal under Clause 15 of the Letters Patent, but the application was refused by the learned Judge on the 12th February 1970. Thereafter petitioners applied for a certified copy of the…

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