SETTLEMENT COMMISSIONER, KARACHI vs GHULAM HUSSAIN BROHI AND Other — 1957 PLD 769

Citation: 1957 PLD 769

Court: Sindh High Court

Year: 1969

Decision Date: 1969-09-10

Parties: SETTLEMENT COMMISSIONER, KARACHI vs GHULAM HUSSAIN BROHI AND Other

Headnotes

Case cited as PLD 1957 Kar. 769

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Safdar Shah, Muhammad Hayat Junejo Title: SETTLEMENT COMMISSIONER, KARACHI vs GHULAM HUSSAIN BROHI AND Other Case No.: Letters Patent Appeal No. 120 of 1967 Date of Judgment:1969-09-10 Reported As: PLD 1970 Karachi 51 Result: Appeal accepted JUDGMENT JUDGMENT GHULAM SAFDAR SHAH, J.-This is a Letters Patent Appeal against the order of a learned Single Judge of this Court dated 28-4-1967, by which the appellant's application under section 41 of Act XII of 1957, read with Order VII, rule 11, C. P. C., was rejected. 2. Briefly stated the facts of the case are that respondent No. 1 filed Suit No. 81 of 1966, against the appellant and others on the original side of this Court for declaration that none of them had any right to interfere with his possession of a plot of land bearing Survey No. 97, situated in Deh Digh, Taluka Malir, District Karachi. By way of consequential Relief he sought an injunction that the appellant, and defendants be res--trained from interfering with his possession. 3. The appellant, who is the Settlement Commissioner, Karachi, filed his written statement and controverted the claim of the plaintiff respondent No. 1. One of the grounds raised in the written statement was that the property in question was evacuee property and the Court had no jurisdiction to determine that question in view of section 41 of Act XII of 1957. Along with his written statement, the appellant filed an application under section 41 of…

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