FIRDUS KHAN vs Sayid AZAM SHAH AND 14 Other — 1964 PLD 97

Citation: 1964 PLD 97

Court: Peshawar High Court

Year: 1969

Decision Date: 1969-06-05

Parties: FIRDUS KHAN vs Sayid AZAM SHAH AND 14 Other

Headnotes

it was held : "It should be remembered that if an order be a nullity then every Court before whom it is brought is not only entitled, but bound to ignore it. If it be held that the taking up of a case not on the date fixed, but on any other day, renders the proceedings totally void, the result would be that even the Court of a 3rd Class Civil Judge could hold that the High Court or the Supreme Court in taking up a case on a particular day without proper notice acted without jurisdiction and the judgment delivered was a nullity.

Judgment Text

Court Name: Peshawar High Court Judge(s): Sardar Muhammad Iqbal, Sher Bahadur Khan Title: FIRDUS KHAN vs Sayid AZAM SHAH AND 14 Other Case No.: Civil Appeal No. 98 of 1961 Date of Judgment:1969-06-05 Reported As: PLD 1970 Peshawar 141 Result: Appeal accepted JUDGMENT JUDGMENT SARDAR MUHAMHIAD IQBAL, J.---Sitara Khan, one of the res--pondents, is the brother's son of Sarfraz the original mortgagor. On the death of Sarfraz, his two daughters, namely, Mst. Khaista Khanam and Mst. Maro Jan made a gift of the equity of redemption in favour of Firdaus Khan, appellant. 2. The appellant filed a suit for the redemption of the land in dispute which was decreed with costs by the learned Civil Judge on payment of Rs. 1,198.00. In appeal filed by the mortgages, it was held by the learned Additional District Judge that the mortgages were entitled to a sum of Rs. 700.00 on the basis of an unregistered mortgage deed which had been given effect to in Mutation No. 5353 sanctioned on the 9th March 1926. He further held that the mortgages were not entitled to a sum of Rs. 198.00 which was based on two mortgage deeds of Rs. 99.00 each. He accordingly directed the redemption of the suit land on payment of Rs. 1,700.00. This is the second appeal. 3. We may first dispose of an objection raised by Sitara Khan, respondent. He claimed that he was the sole heir of Sarfraz to the exclusion of his daughters named above. The learned Additional District Judge held that under the Muslim Law Sitara Khan…

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