MUHAMMAD ANWAR KHAN vs THE PUNJAB PROVINCE (Now WEST PAKISTAN — 1963 PLD 485

Citation: 1963 PLD 485

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD ANWAR KHAN vs THE PUNJAB PROVINCE (Now WEST PAKISTAN JUDGMENT

Headnotes

Case cited as PLD 1963 Lah. 485

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title:MUHAMMAD ANWAR KHAN vs THE PUNJAB PROVINCE (Now WEST PAKISTAN JUDGMENT Reported As: PLD 1971 Lahore 989 Result: Appeal dismissed Judgment JUDGMENT Muhammad Anwar (hereinafter called the plaintiff) was allotted some land in Village Siranwali, Tehsil Daska, District Sialkot under Temporary Allotment Scheme. He was appointed as a temporary Lambardar in 1948, from which office he allegedly resigned on 27th of May 1953. The case of the Provincial Government as argued in the two Courts below is that in his capacity as a Lambardar, he collected the land revenue for Rabi 1950 and Rabi/Kharif 1952, which amount was not deposited by him in the treasury. He was, therefore, considered a defaulter and on 25th of November 1954, a writ of demand was issued by the Assistant Collector II Grade, Daska, asking him to pay Rs, 5,700.9-9 by the 27th of November 1954. 2. The plaintiff, on the 9th of February 1955, filed a suit for a declaration that the writ of demand hereinbefore mentioned was illegal and prayed for a consequential relief of injunction so as to restrain the defendant (which was the Provincial Government) from recovering the same through its subordinate revenue officers of Sialkot District. 3. On the pleadings of the parties, the learned Civil Judge framed the following issues :- (1)Was the resignation of the plaintiff accepted on 27th May 1953 or on any subsequent date? (2)Was the plaintiff a defaulter under the…

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