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PAKISTAN REFUGEE REHABILITATION FINANCE CORPORATION vs K. S. KAMMU — 1970 SCMR 297

Citation: 1970 SCMR 297

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-12

Parties: PAKISTAN REFUGEE REHABILITATION FINANCE CORPORATION vs K. S. KAMMU MIAN MALIK AND 2 Other

Headnotes

Case cited as 1970 SCMR 297

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title:PAKISTAN REFUGEE REHABILITATION FINANCE CORPORATION vs K. S. KAMMU MIAN MALIK AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. K-63 of 1969 L. P. A. No. 102 of 1967 Date of Judgment:1970-01-12 Reported As: 1970 SCMR 297 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal is directed against the order of the West Pakistan High Court, Karachi Bench, in Letters Patent Appeal No. 102 of 1967, decided on the 8th May 1969. By this order, the High Court dismissed the appeal filed by the petitioner. The dispute between the parties is about the execution of a decree passed in favour of the respondent in suit No. 76 of 1961 decreed in the sum of Rs. 1,89,406 on the 24th October 1966. The High Court, Karachi Bench, passed this decree in favour of the respondent for damages owing to malicious arrest and detention. This decree was executed by respondent No. 1 on the 10th December 1966. On a garnishee order passed in his favour, the National Bank of Pakistan deposited a sum of Rs. 1,66,612.95 in response to the order of the High Court. It appears that on the 23rd May 1951, a loan of Rs. 1,00,000 was advanced by the petitioner to respondent No. 1 to enable him to carry on his business. This amount remained unpaid. In 1954, action was taken against respondent No. 1 under sec--tion 11 of the Pakistan Refugees Rehabilitation…

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