Syed ZAHID HUSSAIN AND OTHERS vs DHARMUMAL AND Other — 1971 SCMR 110

Citation: 1971 SCMR 110

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-08-21

Parties: Syed ZAHID HUSSAIN AND OTHERS vs DHARMUMAL AND Other

Headnotes

Case cited as 1971 SCMR 110

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: Syed ZAHID HUSSAIN AND OTHERS vs DHARMUMAL AND Other Case No.: Civil Petition for Special Leave to Appeal No. K-166 of 1968 Date of Judgment:1971-08-21 Reported As: 1971 SCMR 110 Result: Order accordingly Judgment ORDER MUHAMMAD YAQUB ALI, J.-The respondents in Civil Appeal arising from P. S. L. A. No. K-166 of 1968 have applied for appointment of a Receiver of the land, in dispute, mater alia on the ground that the appellants are during the pendency of the appeal disposing of parcels of land. It is also urged that the order for maintaining status quo during the pendency of the appeal was obtained on incorrect and false pleas. The appellants have been admittedly in possession of the disputed land as allottees since 1949. The ground on which the application to revise the order of the Assistant Custodian of Evacuee Property granting to the respondents a declaration many years after the allotment that the land was non-evacuee was rejected by the Custodian of Evacuee Property on an erroneous view that evacuee laws did not apply to the former Khairpur State. In the circumstances, it is not just and proper to disturb the possession of the appellants by appointment of a Receiver. They are, however, restrained from alienating or in any manner encumbering the land, in dispute, during the pendency of the appeal. They will further take all necessary steps to complete the appeal at an…

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