PAKISTAN REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF — 1971 SCMR 626

Citation: 1971 SCMR 626

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-08-26

Parties: PAKISTAN REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF PAKISTAN, MINISTRY OF REHABILITATION & WORKS, ISLAMABAD. AND Another vs H. H. AHMED

Headnotes

Case cited as 1971 SCMR 626

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title:PAKISTAN REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF PAKISTAN, MINISTRY OF REHABILITATION & WORKS, ISLAMABAD. AND Another vs H. H. AHMED Case No.: Civil Petition for Special Leave to Appeal No. K-111 of 1971 Date of Judgment:1971-08-26 Reported As: 1971 SCMR 626 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The Government of Pakistan seeks leave to appeal from the judgment and decree passed by a Division Bench of the High Court whereby the judgment and decree of reversal passed by the Additional District Judge were set aside and the decree passed by the trial Judge in favour of the plaintiff-respondent for recovery of Rs.16,150 as compensation for the use and occupation of his house requisitioned by the petitioner was restored. The first contention raised by the learned counsel that the premises requisitioned by the Central Government were vacated on 31-12-1961, but the Courts below have granted compensation up to July 1962, finds no support from the record. The second contention that no civil suit lay as special procedure was provided in the Sind (Requisition of Land) Act, 1947, is equally devoid of force as no Tribunal or Arbitrator was appointed by the Central Government to entertain the owners' claim for compensation. Lastly it is urged that under section 79, C. P. C. No decree could be passed against the Secretary, Ministry of Rehabilitation& Works, but…

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