Mst. SUGHRABAI AND 10 Others vs FIDA HUSSAIN MOHAMMADALIKERAI AND — 1971 SCMR 143

Citation: 1971 SCMR 143

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-01-14

Parties: Mst. SUGHRABAI AND 10 Others vs FIDA HUSSAIN MOHAMMADALIKERAI AND Another

Headnotes

Case cited as 1971 SCMR 143

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title:Mst. SUGHRABAI AND 10 Others vs FIDA HUSSAIN MOHAMMADALIKERAI AND Another Case No.:Civil Petition for Special Leave to Appeal No. K-115 of 1970 Appeal No. 91 of 1965 Date of Judgment:1971-01-14 Reported As: 1971 SCMR 143 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-This petition for special leave is directed against the order of the High Court of Sind and Baluchistan, Karachi, in Second Appeal No. 91 of 1965. By this order, a Division Bench of the High Court allowed the appeal and dismissed the claim of the petitioners. Briefly, the facts leading to this petition are that Badruddin M. Ismailjee filed a suit in the Court of 5th Sub-Judge, First Class, Karachi, against the respondents on the allegation that respondent Fida Hussain had borrowed Rs. 10,000 from him and out of this loan he had only repaid a sum of Rs. 2,400 and on the 29th June 1356, he executed a promissory note for the balance of Rs. 7,600 in favour .Of respondent No. 2 and respondent No. 2 was holding this pronote as benami on his behalf. On these allegations he filed a suit for the recovery of a sum of Rs. 8,968 inclusive of a sum of Rs. 1,368 as interest. The suit was contested by the respondents. Respondent No. 1 denied having received any consideration for the promissory note and also denied that he had borrowed Rs. 10,000. He pleaded that he had purchased a shop for Rs. 10,000 under an agreement…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.