ABID HUSSAIN vs Mst. AFSAR JEHAN BEGUM AND ANOTHER — 1972 PLD 54

Citation: 1972 PLD 54

Court: Sindh High Court

Year: 1971

Decision Date: 1971-08-27

Parties: ABID HUSSAIN vs Mst. AFSAR JEHAN BEGUM AND ANOTHER

Headnotes

Case cited as PLD 1972 Karachi 54

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Agha Ali Haider Title: ABID HUSSAIN vs Mst. AFSAR JEHAN BEGUM AND ANOTHER Case No.: Letters Patent Appeal No. 125 of 1971 Date of Judgment:1971-08-27 Reported As: PLD 1972 Karachi 54 Result: Appeal dismissed Judgment ORDER QADEERUDDIN AHMED, C. J.-This is a Letters Patent Appeal from the judgment of a learned Single Judge of this Court, dated the 9th of August 1971. The judgment under appeal shows that it was a first Appeal in which that judgment was given and that at the time of the hearing for its admission three legal questions only were raised. One of them was that the appellant was in adverse possession of the plot of land in dispute. The other was that Firdous Cooperative Housing Society was a necessary party to the suit and the third was that a portion of the plot of land which was in occupation of the appellant was not transferred to either the first plaintiff or to the second plaintiff. These three legal contentions were overruled by the learned Single Judge and the appeal was dismissed summarily. It is interesting to note that an application was made to the learned Single Judge to obtain a certificate of fitness for filing a Letters Patent Appeal from that order. Such a certificate was not at all necessary, but the reason why it was obtained was different from the merits of the case, as is clear from the certificate itself. The certificate is as follows "It is contended that S. B. Can hear first appeal in…

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