MUHAMMAD CHAND MIA vs MUHAMMAD NOAB ALI Alias NOAB AND Other — 1970 SCMR 855

Citation: 1970 SCMR 855

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD CHAND MIA vs MUHAMMAD NOAB ALI Alias NOAB AND Other

Headnotes

Case cited as 1970 SCMR 855

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: MUHAMMAD CHAND MIA vs MUHAMMAD NOAB ALI Alias NOAB AND Other Case No.:Civil Petition for Special Leave to Appeal No. 43-D of 1970 Second Appeal JUDGMENT Reported As: 1970 SCMR 855 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal to challenge the propriety of an order of remand passed by a learned Single Judge of the High Court of East Pakistan in a second appeal. The said second appeal arose in the following circumstances :- The petitioner instituted a suit against the respondents for recovery of arrears of house rent on the ground that the latter were his monthly tenants on the basis of an agreement in writing for a period of one year and 8 months from 1st of Falgun, 1358 B. S. At a monthly rental of Rs. 26. The arrears claimed were for the period Sraban, 1365 B. S. To Sraban, 1368 B. S. The defendants admitted the agreement but alleged that the rent was only Rs. 12 per month and further that the tenancy was frustrated as the hut was destroyed by fire within the period of the lease. Thereafter, the petitioner did not re-erect the hut in spite of demands. The respondents erected a chappra at their own expense and have been carrying on their business therein for 7/8 years. On these pleadings one of the issues raised was as to whether the Province of East Pakistan was a necessary party to the suit. The trial Court held…

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