MESSRS REHMAN COTTON FACTORY-- Defendant vs MESSRS NICHIMEN Co. — 1954 PLD 796

Citation: 1954 PLD 796

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-31

Parties: MESSRS REHMAN COTTON FACTORY-- Defendant vs MESSRS NICHIMEN Co. JUDGMENT

Headnotes

Case cited as PLD 1954 Lah. 796

Judgment Text

Court Name: Lahore High Court Judge(s): A. R. Sheikh, Muhammad Fazle Ghani Khan Title:MESSRS REHMAN COTTON FACTORY-- Defendant vs MESSRS NICHIMEN Co. JUDGMENT Reported As: PLD 1970 Lahore 455 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD FAZAL-E-GHANI KHAN, J.--The relevant facts giving rise to the first appeal against the judgment and decree of Administrative Civil Judge dated the 6th of July 1962, are the following:- 2. Messrs Japan Cotton & General Trading Company, Osaka, Japan, were the owners of the Cotton Factory in Mandi Babauddin, Gujrat, when, during World War II, it was taken over by the former Government of India as an alien enemy property. After Independence it fell into the hands of the Custodian of Evacuee Property and was allotted to someone by the Rehabilitation Authorities. In 1953, on the representation of the plaintiff-respondent, the factory was released by the Government vide Notification No. 381/201/52, dated the 27th of November 1953, and its possession was directed to be delivered to the respondent vile Government letter No. 10941/RB, dated the 5th of December 1953. Subsequently in 1953 the factory was obtained on 2 years' lease, ending 30th of June 1956, by the appellant and a proper lease-deed was executed between the parties which was signed by Mr. T. Miyoke on behalf of the respondent while Mr. Jamilur Rehman signed on behalf of the appellant. 3. Before the above term of three years could expire Jamilur Rehman wrote to the respondent in…

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