SULEMAN vs MOHAMMAD FIROZE KHAN AND Other — 1963 PLD 59

Citation: 1963 PLD 59

Court: High Court of Azad Jammu and Kashmir

Year: 1970

Decision Date: 1970-06-29

Parties: SULEMAN vs MOHAMMAD FIROZE KHAN AND Other

Headnotes

Case cited as PLD 1963 Azad J & K 59

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Sharif Title: SULEMAN vs MOHAMMAD FIROZE KHAN AND Other Case No.: Civil Revision (No . . . . . .) of 1970, Date of Judgment:1970-06-29 Reported As: PLD 1970 Azad J & K 109 Result: Suit remanded JUDGMENT JUDGMENT This is a revision petition against the order of the Sub-Judge, Rawalakote dated 5-8-1959 by which Mohammad Ayub Khan the next friend of the minor plaintiff Suleman was allowed to withdraw the suit. The facts giving rise to this revision petition are that Firoze Khan (not the defendant-respondent) the father of Suleman minor plaintiff sold the suit land measuring 11 kanals 10 marlas together with a house in favour of Khan Mohammad Khan and Firoze Khan defendants for a consideration of Rs. 600 but in order to ward off possible pre-emptors entered a price of Rs. 2,300 in the sale deed which was registered on 31-5-1958. Suleman Khan the minor son of the vendor brought a suit on 21- 10-1958 in the Court of the Sub-Judge, Rawalakote to pre-empt the sale alleging that in fact Rs. 600 had been paid and that was also the market price. Issues had been struck in the suit on 8-12-1958 and the defendants were called upon to lead evidence. The defendants had closed their evidence on 26-5-1959. 9-8-1959 was the next date fixed in the hearing of the suit when on 5-8-1959 Mohammad Ayub Khan the next friend of the minor made an application for bringing out the file alleging that he wanted to withdraw the…

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