MASTAKIM ALI AND 3 OTHERS vs SHAFIQUE UDDIN CHOWDHURY AND 5 — 1971 PLD 170

Citation: 1971 PLD 170

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MASTAKIM ALI AND 3 OTHERS vs SHAFIQUE UDDIN CHOWDHURY AND 5 JUDGMENT

Headnotes

Case cited as PLD 1971 Supreme Court 170

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title:MASTAKIM ALI AND 3 OTHERS vs SHAFIQUE UDDIN CHOWDHURY AND 5 JUDGMENT Reported As: PLD 1971 Supreme Court 170 Result: Appeal dismissed Judgment JUDGMENT M. R. KHAN, J.--This appeal, by special leave, arises out of Title Suit No, 263 of 1958 of the First Court of Munsif, Sylhet and is directed against the judgment and decree of a learned Single Judge cf the High Court of East Pakistan in second appeal affirming those of the trial Court and the first appellate Court. The plaintiffs of the said title suit are the respondents 1 to 5 herein. They brought the suit against six persons of whom the defendants 1 to 5 were the principal defendants and Mumtazuddin Khan was the pro forma defendant No, 6. Of the five principal defendants, the defendants 1 to 3 and Sajidur Rahman, the successor-in-interest of the fourth defendant Anjumunnessa are the appellants in this appeal. The suit was one for declaration of the plaintiffs' tenancy right to the land in suit situated within the Sylhet Municipality and for recovery of khas possession thereof and also for compensation and mesne profits. The case as made out in the plaint was as follows :- The suit land originially belonged to the Majumdar Waqf estate. The plaintiffs' predecessor-in- interest Sonawar Ali Chowdhury, a practising Mukhtear took lease of the suit land from the then Mutwalli of the Waqf estate for a period of 3 years by a registered…

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