Khan IFTIKHAR HUSSAIN KHAN OF MAMDOT (REPRESENTED BY 6 HEIRS) vs — 1971 PLD 550

Citation: 1971 PLD 550

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Khan IFTIKHAR HUSSAIN KHAN OF MAMDOT (REPRESENTED BY 6 HEIRS) vs JUDGMENT

Headnotes

Case cited as PLD 1971 Supreme Court 550

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:Khan IFTIKHAR HUSSAIN KHAN OF MAMDOT (REPRESENTED BY 6 HEIRS) vs JUDGMENT Reported As: PLD 1971 Supreme Court 550 Result: Appeal accepted Judgment JUDGMENT WAHEEDUDDIN AHMAD, J.--This certificated appeal is directed against the judgment of the High Court of West Pakistan, Lahore, in Regular First Appeal No, 141 of 1955, decided on the 5th January 1962. By this judgment, the appeal was accepted and the respondent-company was granted a decree for Rs, 82,235-2-0 with costs throughout. The respondent-company filed Civil Suit No, 31/88 of 1952-54 against late Khan Iftikhar Hussain Khan of Mamdot, the appellant. The respondent alleged that the appellant purchased cold storage plant of the value of Rs, 77,882-5-0 and after deducting a sum of Rs, 7,360 which was lying in deposit with the respondent-company, a sum of Rs, 70,522-5-0 was due against him which the appellant failed to pay in spite of repeated requests. A sum of Rs, 11,712-13-0 was also claimed as interest at the rate of 6% per annum according to the commercial usage, prevailing in the markets of Lahore. In this way, the above-mentioned suit was filed against the appellant for the recovery of Rs, 82,235-2-0. The appellant resisted the suit. He admitted that he had taken delivery of certain machinery from the respondent-company but denied his liability to pay any amount on account of its price. He pleaded that a sum…

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