AZAD JAMMU & KASHMIR GOVERNMENT vs BRIG. MUHAMMAD ASLAM KHAN — 1965 PLD 9

Citation: 1965 PLD 9

Court: High Court of Azad Jammu and Kashmir

Year: 1971

Decision Date: 1971-07-18

Parties: AZAD JAMMU & KASHMIR GOVERNMENT vs BRIG. MUHAMMAD ASLAM KHAN

Headnotes

Case cited as PLD 1965 Azad J & K 9

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Sharif, Chaudhry Rahim Dad Khan Title: AZAD JAMMU & KASHMIR GOVERNMENT vs BRIG. MUHAMMAD ASLAM KHAN Case No.: Civil Appeal No. 39 of 1971 Civil Appeal No. 7 of 1961 Date of Judgment:1971-07-18 Reported As: PLD 1972 Azad J & K 70 Result: Appeal accepted JUDGMENT JUDGMENT MUHAMMAD SHARIF, C. J.---This is an appeal against the order of a learned Single Judge of this Court dated 6-6-1971. The facts necessary for the disposal of this appeal may briefly be stated as follows:- Retired Brigadier Mohammad Aslam Khan respondent secured a Forest lease across the Cease- fire Line in Aghkot area on 13-11-1963 under a written agreement containing an arbitra--tion clause. The extraction of the timber from across the Cease-fire Line, it is alleged, some time after the operation of the lease, caused apprehension of enemy action. Consequently the work was stopped after Tashkent Declaration at the instance of the Pakistan Army, to avoid further confrontation with India. The respondent submitted an application before this Court for referring the dispute to an arbitrator. That application was contested by the Government but was withdrawn by the respon-- dent (petitioner) after which the parties, out of the Court, entered into a fresh agreement on 4-4- 1966 under which Mirza Nazir Hussain (at present District & Sessions Judge, Mirpur) was appointed as an arbitrator who gave his award assessing the damage of the…

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