AZAD KASHMIR GOVERNMENT vs Mian Mirza MUHAMMAD SARWAR KHAN AND — 1970 PLD 15

Citation: 1970 PLD 15

Court: High Court of Azad Jammu and Kashmir

Year: 1969

Decision Date: 1969-12-31

Parties: AZAD KASHMIR GOVERNMENT vs Mian Mirza MUHAMMAD SARWAR KHAN AND JUDGMENT

Headnotes

Case cited as PLD 1970 Azad J & K 15

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Yousaf Saraf Title:AZAD KASHMIR GOVERNMENT vs Mian Mirza MUHAMMAD SARWAR KHAN AND JUDGMENT Reported As: PLD 1970 Azad J & K 15 Result: Appeal dismissed Judgment JUDGMENT This is an appeal by the Government against an order of injunction passed by the District Judge, Muzaffarabad. Facts briefly are that respondents brought a declaratory suit seeking to set aside an order of the Additional Financial Commissioner. The bone of contention is 388 Kanals of land situate in Mouza Atti which the respondents claim to have brought under cultivation. The Financial Commissioner vide his order dated 13-3-1956 directed the Revenue authorities to sanction mutation in their favour under proclamation No. 38-C of 1944. Fourteen years later this order was set aside by the Additional Financial Commissioner on Review on 18-3-1968 and the Government took proceedings to eject the respondents. It was under these circumstances that the plaintiffs brought their suit. On 17-6-1968 the District Judge issued an ad interim injunction restraining the Government from ejecting the plaintiffs and by the same order directed the issue of a notice to the Government to file objections against this application. On 21-11-1968 the District Judge after hearing arguments from both sides confirmed the temporary injunction till the decision of the suit. It is against this order that the Government has come in appeal. Sh. Abdul Haiy, the…

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