Plaintiff-Appellant vs Respondents — 1970 SCMR 304

Citation: 1970 SCMR 304

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Result: Appeal dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-This appeal, by special leave, arises out of Money Suit (No. 49 of 1959) brought by the plaintiff-appellant in the Court of Sadar Munsif, Faridpur, against the respondents for the recovery of Rs.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Abdus Sattar, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad JUDGMENT Reported As: 1970 SCMR 304 Result: Appeal dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-This appeal, by special leave, arises out of Money Suit (No. 49 of 1959) brought by the plaintiff-appellant in the Court of Sadar Munsif, Faridpur, against the respondents for the recovery of Rs. 356 as the price of barga produce or, in the alternative, for compensation for the use and occupation of the disputed land which the appellant claimed to have purchased under the Revenue Sale Law, free from all encumbrances. The aforesaid land was originally held in tenancy rights by Messrs Ruksmini Agricultural Industries Ltd., under Maharaja Prabindra Nath Thakur whose rent-receiving interest was acquired by the Government in the year 1951, under the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter described as the Act). It was alleged that the rent due from the tenant Messrs Ruksmini Agricultural Industries Ltd., for the years 1951 to 1954 fell into arrears, as a consequence of which the holding was put to auction and purchased by the appellant in whose favour the sale was confirmed on the 25th of June 1955. After purchase, the appellant had allowed the respondent, who were in occupation, to become share-croppers in the land in question. The respondents totally denied the plaintiff's title which was based on the revenue sale and set up an independent title…

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