FARIDA KHAN vs THE CHAIRMAN, KARACHI MUNICIPAL CORPORATION, — 1971 SCMR 109

Citation: 1971 SCMR 109

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-08-19

Parties: FARIDA KHAN vs THE CHAIRMAN, KARACHI MUNICIPAL CORPORATION, KARACHI

Headnotes

Case cited as 1971 SCMR 109

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title:FARIDA KHAN vs THE CHAIRMAN, KARACHI MUNICIPAL CORPORATION, KARACHI Case No.: Civil Petition for Special Leave to Appeal No. K-14 of 1970 Date of Judgment:1970-08-19 Reported As: 1971 SCMR 109 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-Petitioner is the owner of a residential building situated in Karachi. He leased it out to Siemens (Pakistan) Engineering Company Limited in 1952 on the stipulation that municipal taxes will be paid by the lessee. It appears that in 1960 the building was assessed to tax and demand notices A/ 1 to A/8 were issued to the petitioner who thereupon lodged objections with the Chairman, Karachi Municipality, one the question of quantum alone. The objections were rejected whereupon the tax due was paid by the said tenant of the petitioner to the Municipality. The petitioner then finally ,q moved the High Court in writ jurisdiction on the ground that proper procedure was not adopted in assessing the tax. The petition was dismissed in limine as the admitted position was that under the agreement of lease municipal taxes were payable by the lessees and they had in fact paid the amount claimed in the notices A/1 to A/8. The petitioner was therefore not an aggrieved person within Article 98 of the Constitution. The view adopted by the High Court appears to be unexcep--tionable more so as the objections raised by the petitioner were confined to…

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