ABDUL MALEK MIAH vs MOSLEMUDDIN (MOKLESHUDDIN) SHIEKH — 1969 PLD 582

Citation: 1969 PLD 582

Court: Dacca

Year: 1970

Decision Date: 1970-03-05

Parties: ABDUL MALEK MIAH vs MOSLEMUDDIN (MOKLESHUDDIN) SHIEKH

Headnotes

In this case the Supreme Court was called upon to interpret the import of section 8 of the West Pakistan Board of Revenue Act, 1957. Section 8 of the Act is in the following terms:- "8(1).

Judgment Text

Court Name: Dacca Judge(s): Maksum-ul-Hakim Title: ABDUL MALEK MIAH vs MOSLEMUDDIN (MOKLESHUDDIN) SHIEKH Case No.: Appeal from Appellate Order No. 66 of 1968 Date of Judgment:1970-03-05 Reported As: PLD 1970 Dacca 743 Result: E. JUDGMENT JUDGMENT This appeal has been filed by the decree-holder and it arises out of an objection petition filed by the judgment-debtor before the executing Court. The facts giving rise to this appeal are as follows:-The decree-holder-appellant filed an execution case being Title Execution Case No. 53 of 1967 before the Munsif, Second Court, Gaibandha, to execute the decree passed by the Shapmara Union Council Conciliation Court in Conciliation Court Case No. 13 of 1966. Before the executing Court the judgment-debtor respon--dent filed an objection against the execution contending that the decree passed in the said conciliation case is no longer existing and the Conciliation Court had already dismissed the Conciliation Case No. 13 of 1966 and set aside the decree. It was further contended by the judgment-debtor that the Conciliation Court itself had no jurisdiction to try the said case, as the decree --holder and the judgment-debtor were residents of different unions and the case itself involved question of title in land the subject --matter of the litigation was outside the ambit of the jurisdiction of the Conciliation Court. It was further pointed out that the contentions of the judgment-debtor in this regard were upheld by the Conciliation…

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