GOALUNDO FISHING INDUSTRIES vs PAKISTAN AND 3 Other — 1970 SCMR 888

Citation: 1970 SCMR 888

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-06-18

Parties: GOALUNDO FISHING INDUSTRIES vs PAKISTAN AND 3 Other

Headnotes

Case cited as 1970 SCMR 888

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: GOALUNDO FISHING INDUSTRIES vs PAKISTAN AND 3 Other Case No.: Civil Petition for Special Leave to Appeal No. 28-D of 1970 Date of Judgment:1970-06-18 Reported As: 1970 SCMR 888 Result: Petition dismissed JUDGMENT JUDGMENT M. R. KHAN, J.---The petitioner, Goalundo Fishing Industries brought Title Suit No. 199 of 1969 in the Court of Munsif, Goalundo for declaration that the two notices Nos. 7(56) IND/ 68/183 and 7(56) IND/68/184, dated the 29th January 1969, issued by the Additional Custodian of Enemy Property (respondent No. 3 herein) are illegal, ultra vires and null and void and that the petitioner was not liable to be evicted in pursuance of the said notices. A further prayer was made for a permanent injunction restraining the respondents from taking forcible possession of the two ice factories, namely, Goalundo Ice Association Limited and Messrs. Padma Ice Factory which were the subject- matter of the suit. These two ice factories, on the migration of their owners to India, became enemy properties, and these vested in the Additional Custodian of Enemy Property under a notification issued under rule 182(6) of the Defence of Pakistan Rules. The petitioner claimed to have taken lease of these ice factories from the Additional Custodian of Enemy Property with effect from the 1st April 1968 on a monthly rent of Rs. 2,800. The petitioner got possession of the ice factories and paid…

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