UMAR HAYAT AND Another vs ABDUL SHAKOOR AND ANOTHER — 1970 PCRLJ 741

Citation: 1970 PCRLJ 741

Court: Lahore High Court

Year: 1970

Decision Date: 1970-01-12

Parties: UMAR HAYAT AND Another vs ABDUL SHAKOOR AND ANOTHER

Headnotes

Case cited as 1970 PCRLJ 741

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: UMAR HAYAT AND Another vs ABDUL SHAKOOR AND ANOTHER Case No.: Criminal Revision No. 1043 of 1969 Date of Judgment:1970-01-12 Reported As: 1970 P Cr. L J 741 Result: Order set aside JUDGMENT JUDGMENT The facts of this case, which has been reported under section 438, Cr. P. C. By Mr. Muhammad Hassan Sindhar, Sessions Judge, Rawalpindi, briefly are that premises No. 2-A/1, 2, 7 and 8, Jinpah Road, Murree, were leased out by its transferee Mst. Zakia Begum in favour of Messrs Umar Hayat and A. S. Clive for running a restaurant. Later, the lesson transferred her rights of ownership in the property in favour of Mst. Mahboob Jan, wife of Abdul Shakoor, who was impleaded as respondent No. 1, before the learned Sessions Judge. On the 16th of May 1969, Abdul Shakoor aforesaid in his capacity as attorney of his wife Mst. Mahboob Jan, the new transferee of the premises, moved an application before the learned Sub-Divisional Magistrate, Murree, under section 145, Cr. P. C. With a prayer that he be declared in possession of the premises which may be unlocked. After recording preliminary order under subsection (1) of section 145, Cr. P. C., the learned S. D. M. Issued notices to Messrs Umar Hayat and A. S. Clive for the 31st of May 1969. The last-mentioned two gentlemen resided at Lahore and did not appear on the date fixed. The case was then adjourned to 4th of June 1969, as even the Acknowledgment Due postcard had not…

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