KALIMULLAH & SONS vs THE PROVINCE OF WEST PAKISTAN THROUGH THE — 1970 SCMR 80

Citation: 1970 SCMR 80

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: KALIMULLAH & SONS vs THE PROVINCE OF WEST PAKISTAN THROUGH THE JUDGMENT

Headnotes

Case cited as 1970 SCMR 80

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar Title:KALIMULLAH & SONS vs THE PROVINCE OF WEST PAKISTAN THROUGH THE JUDGMENT Reported As: 1970 SCMR 80 Result: Leave refused Judgment JUDGMENT CORNELIUS, C. J.-The subject-matter of this petition for leave to appeal against the judgment of the High Court in an appeal from a money decree is interest on a sum found eventually to be due to the petitioner Kalimullah & Sons, of which the High Court has held that payment was withheld by the respon--dent, namely, the Provincial Government, under a restraint order issued by the Custodian of Evacuee Property. Mr: Bashir Zafar, for the petitioner attempted to snow that the Government was informed by the Custodian on dates in 1953, 1954 and 1955 that the money could be paid to Kahmullah & Sons. A copy of the second of these letters is contained in the grounds of this petition. It was written by the Director of Food Purchases to the Deputy Rehabilitation Commissioner, and contains a statement that the money due to Kalimullah & Sons was non-evacuee property, but at the same time, it asks for a release order, which was never issued. The contents of the other two letters were read to us from the paper-book of the appeal by learned counsel. Neither of them has the effect of a release order from the Custodian to the Provincial Government, to whom the restraint order was addressed. The view taken by the High Court, viz. That the Provincial Government could…

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