Smt. VANIBAI AND Another vs REPUBLIC OF PAKISTAN AND 36 Other — 1970 PLD 42

Citation: 1970 PLD 42

Court: Sindh High Court

Year: 1969

Decision Date: 1969-07-23

Parties: Smt. VANIBAI AND Another vs REPUBLIC OF PAKISTAN AND 36 Other

Headnotes

Case cited as PLD 1970 Karachi 42

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad Title: Smt. VANIBAI AND Another vs REPUBLIC OF PAKISTAN AND 36 Other Case No.: Miscellaneous Appeal No. 164 of 1967 Date of Judgment:1969-07-23 Reported As: PLD 1970 Karachi 42 Result: Appeal dismissed JUDGMENT JUDGMENT This is an appeal under Order XLIII, rule 1, C. P. C. From an order of the trial Court refusing to appoint a receiver. It was argued for two days in which counsel for the parties narrated complicated facts covering a period of about twenty years. 2. It will be proper to briefly refer to the chequered history of this litigation in order to understand the full implications of the contentions of the parties. The dispute relates to agricultural land which is situated in Delis 1 and 2 Dim of Sinjoro Taluka and District Sanghar. It is not clear as to what is the precise area of the land in which the appellants are interested. Counsel for the appellants said that it was about 300 acres. Parumal who is said to be the husband of appellant No. 1 and father of appellant No. 2 applied to the Custodian Mr. Akbar Hussain in 1950 for a declaration that he was a non-evacuee person and stated in support of his claim that 500 acres of land belonged to him individually as self-acquired property and that he was childless. The object obviously was to avoid the possibility of an investigation into the interests of the other members of his family if it was a joint Hindu family. It appears however, that be had two brothers…

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