FEROZ DIN vs SHEIKH AHMAD — 1954 PLD 87

Citation: 1954 PLD 87

Court: Peshawar High Court

Year: 1969

Decision Date: 1969-10-17

Parties: FEROZ DIN vs SHEIKH AHMAD

Headnotes

Case cited as PLD 1954 Lah. 87

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: FEROZ DIN vs SHEIKH AHMAD Case No.: Civil Revision No. 174 of 1969 Date of Judgment:1969-10-17 Reported As: PLD 1970 Peshawar 54 Result: Petition dismissed Judgment ORDER Feroz Din plaintiff-petitioner sued Sheikh Ahmad defendant --respondent for possession of land, bearing Khata No. 420/756, Khasra No. 50, measuring 14 kanals, 14 marlas out of it to the extent of 1/3rd snare of ownership right with share of Shamilat and Khata No. 421/757, 757, Khasra No. 78 and 79 (two plots), measuring 24 kanals, 10 marlas, out of it to the extent of 36/40 share of the occupancy right situated in the area of Jhangra, Tehsil Abbottabad or whatever the area on rights may be proved to be transferred in favour of the defendant on the basis of sale mutation No. 2435 attested on 28th October 1966 by pre-emption on payment of Rs. 1500 or the price fixed by the Court. The learned Civil Judge, Abbottabad, who tried the case by his judgment dated 31st October 1968 granted the plaintiff "a decree for the possession of the suit land through pre-emption on payment of Rs. 5000", and directed the plaintiff "to deposit this amount into Court by 15th December 1968 otherwise his suit shall be deemed to have been dismissed with costs". The plaintiff-petitioner Feroz Din, did not deposit the amount of Rs. 5000 in obedience to the decree up to 15th December 1968, but preferred an appeal before the District Judge, Hazara, on 18th December 1968…

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