Robert Cotton Associates Limited vs Khan Karam Hussain Khan and others — 1972 PLD 109

Citation: 1972 PLD 109

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as PLD 1972 Supreme Court 109

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad JUDGMENT Reported As: PLD 1972 Supreme Court 109 Result: Appeal accepted Judgment JUDGMENT SAJJAD AHMAD, J.-The facts giving rise to this appeal, by special leave, are as follows :- The appellant, Robert Cotton Associates Limited, Khanewal, which is a registered firm, owns a ginning factory at Khanewal, and deals in cotton and cotton seeds. On the 6th of November 1963, a sum of Rs. 25,000 was advanced by it to Nawazish Ali Khan, now dead, father of respondents Noi. 2 and 3, for the supply of cotton to the firm. By way of security, Khan Karate Hussain Khan, respondent No. 1, father of the late Nawazish Ali Khan, executed a Kafalat Nama "whereby he pledged one square of land in village Khanewal Kohna for security of the advances made to his son". The account of Nawazish Ali Khan maintained by the firm, copy Exh. P. 3 on record, shows that since then there have been several credit and debit entries, the credit side representing the amounts that were realised on account of the sale of cotton and cotton seeds supplied to the firm by Nawazish Ali Khan from time to time. In June 1964, when the account was closed and the balance was struck, ft was found that a sum of Rs. 12,600.04 was due from Nawazish Ali Khan. By that time, Nawazish Ali Khan had died, leaving respondents Nos. 2 and 3 as his legal heirs but no estate in their hands. As the respondents had failed to pay this…

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