KAVASJI AND 2 Others vs THE KARACHI MUNICIPAL CORPORATION,KARACHI — 1970 SCMR 523

Citation: 1970 SCMR 523

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-13

Parties: KAVASJI AND 2 Others vs THE KARACHI MUNICIPAL CORPORATION,KARACHI

Headnotes

Case cited as 1970 SCMR 523

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: KAVASJI AND 2 Others vs THE KARACHI MUNICIPAL CORPORATION,KARACHI Case No.:Civil Petition for Special Leave to Appeal No. K-94 of 1969 Second Appeal No. 394 of 1967 Date of Judgment:1970-01-13 Reported As: 1970 SCMR 523 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The only point for consideration in this petition for special leave to appeal is whether the respondent-Municipal Corporation was competent to recover conservancy tax from the petitioner in respect of property of the petitioners situated in the K. P. T. Area. In this connection, the petitioner filed Suit No. 185 of 1959 in the Court of II Civil Judge First Class, Karachi, which was dismissed on the 18th September 1965. This decision was also upheld by the District Judge, Karachi, in Civil Appeal No. 691 of 1965, by judgment dated the 6th May 1967. The matter was then taken in the High Court in Second Appeal No. 394 of 1967. A learned Single Judge of the High Court, by judgment dated the 19th May 1969, allowed the appeal in respect of water tax and dismissed the appeal in respect of conservancy tax. The petitioners seek permission to file an appeal against this order. The finding of the High Court is that the respondent has produced evidence to show that they are rendering conservancy services to the petitioners and other occupants of K. P. T. Area. Mr. Abdur Rauf, learned counsel for the petitioners, has…

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