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Initializing Secure Chambers
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Initializing Secure Chambers
Citation: 1971 PLD 625
Court: Sindh High Court
Year: 1970
Decision Date: 1970-12-31
Parties: SECRETARY, B. & R., GOVERNMENT OF WEST PAKISTAN AND 4 OTHERS vs FAZAL JUDGMENT
Case cited as PLD 1971 Karachi 625
Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Imdad Ali H. Agha Title:SECRETARY, B. & R., GOVERNMENT OF WEST PAKISTAN AND 4 OTHERS vs FAZAL JUDGMENT Reported As: PLD 1971 Karachi 625 Result: Appeal allowed Judgment JUDGMENT IMDADALLY H. AGHA, J.--This appeal is directed against the judgment and decree dated 25th of August 1965, passed by the Second Additional District Judge, Hyderabad, whereby the suit for damages and injunction brought by Mir Fazal Ali Khan, respondent/plaintiff was decreed against the five appellants/ defendants, who were described in the plaint as "Secretary, Buildings and Roads, Government of West Pakistan"; "Additional Chief Engineer, Buildings and Roads, Hyderabad"; "Executive Engineer, Shah Latifabad Roads Division, Hyderabad"; "Executive Engineer, Health Division, Shah Latifabad, Hyderabad" and "Secretary, Administrative Committee, Shah Latifabad, Hyderabad." 2. The facts forming the background of this appeal briefly stated are these. The plaintiff/respondent owns survey Nos, 103, 104 and 106 to 108 in Deh Gidu, Taluka City, Hyderabad. This land was initially brought under the Shah Latifabad Township Scheme, Hyderabad and was, therefore, acquired by the Government of West Pakistan. Subsequently, this land was excluded from the Scheme and was released from acquisition. Its possession was then restored to the respondent. According to his statement given in this case, on 24.4-1965, officers of the Government were encroaching upon the…
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