Sardar MUHAMMAD YASIN KHAN, ADVOCATE vs Raja FEROZE KHAN — 1972 PLD 46

Citation: 1972 PLD 46

Court: High Court of Azad Jammu and Kashmir

Year: 1969

Decision Date: 1969-08-19

Parties: Sardar MUHAMMAD YASIN KHAN, ADVOCATE vs Raja FEROZE KHAN

Headnotes

Case cited as PLD 1972 Azad J & K 46

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Yousaf Saraf Title: Sardar MUHAMMAD YASIN KHAN, ADVOCATE vs Raja FEROZE KHAN Case No.: Criminal Revision No. 131 of 1968 Date of Judgment:1969-08-19 Reported As: PLD 1972 Azad J & K 46 Result: Petition rejected JUDGMENT JUDGMENT This is s petition for the revision of an order passed by A. D. M., Muzaffarabad on 31-10-68 in a complaint under section 420, A. P. C. Against the non-applicant whom the Court has acquitted on the ground of the absence of territorial jurisdiction. Having termed the dispute as one of civil nature, it has also held that the petitioner may, if he so likes, seek redress from a civil Court. Briefly the facts are that the parties entered into a written agreement on 14-9-1964 at 'Dhirkot' in District Poonch whereby the non-applicant undertook to raise some construction for the applicant on payment of Rs. 1,300. The first instalment of Rs. 500 was to be paid immediately; the second instalment of Rs. 500 was to be paid on completion of the erection of four walls and the final instalment of Rs. 300 was to be paid on completion of the whole work. The agreement also provided that in case the non-applicant left the work incomplete, he would be liable to refund the entire money that he may have received by then. Obviously, the amount provided in the agreement only covered the labour costs. The complaint brought by the petitioner in the Court of A. D. M., Muzaffarabad on 6-11-1965,…

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