THE PROVINCE OF EAST PAKISTAN vs THE PROVINCE OF EAST PAKISTAN — 1965 PLD 157

Citation: 1965 PLD 157

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: THE PROVINCE OF EAST PAKISTAN vs THE PROVINCE OF EAST PAKISTAN

Headnotes

Case cited as PLD 1965 SC 157

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: THE PROVINCE OF EAST PAKISTAN vs THE PROVINCE OF EAST PAKISTAN Case No.:Civil Appeals Nos, 56-D, 57-D, 58-D and 59-D of 1968., Civil Appeals Nos, JUDGMENT Reported As: PLD 1971 Supreme Court 82 Result: Appeals dismissed Judgment JUDGMENT WAHIDUDDIN AHMAD, J.--This judgment will dispose of four Appeals Nos, 56-D, 57-D, 58-D and 59- D of 1968, which arise out of the judgment of the High Court of East Pakistan at Dacca, in First Appeals Nos, 11, 21, 22 and 61 of 1958, dated the 3rd December 1965. The appellant, Province of East Pakistan, acquired the rent-receiving-interest in the Wakf Estates of the respondents in the year 1955 under section 3(1) of the East Bengal State Acquisition and Tenancy Act, 1950, by four separate notifications. The validity of these notifications were challenged in four suits filed by the respondents. Suit No, 87 of 1956 (120 of 1955) was filed by Nawab Khawaja Habibullah Bahadur as Mutwalli. Suit No, 75 of 1955 was filed by Muhammad Haider Ali Khan Panni, Mutwalli of the Karatia Muhammad Haider All Wakf-Al-Awlad Estate. Suit No, 75 of 1956 was filed by Nawab Khawaja Habibullah Bahadur, Mutwalli and Suit No, 89 of 1956 was filed by .Maulvi Khurram Khan Panni, Mutwalli of the Karatia Wazed Ali Wakf Estate. It was prayed in these suits that the East Bengal State Acquisition and Tenancy Act, 1950, be declared as illegal and ultra vires…

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