ARIF UD DIN vs NOOR HUSSAIN AND 5 Other — 1974 SCMR 117

Citation: 1974 SCMR 117

Court: Supreme Court of Pakistan

Year: 1956

Decision Date: 1956-05-31

Parties: ARIF UD DIN vs NOOR HUSSAIN AND 5 Other

Headnotes

Case cited as 1974 SCMR 117

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Shahabuddin Ahmad, Amir-Ud-Din Ahmad Title: ARIF UD DIN vs NOOR HUSSAIN AND 5 Other Case No.: Civil Appeal No. 13 of 1953 Civil Miscellaneous No. 72/C of 1950 Date of Judgment:1956-05-31 Reported As: 1974 SCMR 117 Result: Appeal allowed JUDGMENT JUDGMENT SHAHABUDDIN, J.--This !s an appeal by special leave from the order of the High Court of Lahore by which a document exhibited in Civil Suit No. 65 of 1947 in the Court of the Senior Subordinate Judge, Sialkot, brought against appellant Arifuddin and others was held to be a composite bond and agreement, subject as a bond to a duty which with the penalty prescribed under section 35 of the Stamp Act came up to Rs.15,673-10-0 and the said document was impounded and sent to the Collector for the levy of the above-mentioned duty and penalty with the observation that the same was realisable from the executant, the present appellant. Facts giving rise to this appeal are as follows. On 9th April 1944, appellant Arifuddin executed P. 1, a promissory note, undertaking to pay on demand the first respondent Noor Hussain or order a sum of Rs.1,50,000 with interest at four annas per cent. Per month. It was stated in the promissory note that the amount wag borrowed for the business and benefit of the firm S. Shamas-ud-Din & Sons. Arifuddin is a son of Shams-ud---Din and also a partner In his firm. On the same day he executed another current Exh' P. 2 in favour of the same…

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