ASHUTOSH BASAK AND Others vs S. M. RAHMATULLAH AND Other Case No — 1970 SCMR 386

Citation: 1970 SCMR 386

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-10-16

Parties: ASHUTOSH BASAK AND Others vs S. M. RAHMATULLAH AND Other

Headnotes

Result: Appeal dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The appellants in this case who are the successors-in-interest of one Babu Jasoda Lal Basak filed a suit against the respondents herein for the declaration of their title to the parcel of land, measuring about 12 Kathas and forming part of Municipal holding No.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Hamoodur Rahman, Mujibur Rahman Khan Title: ASHUTOSH BASAK AND Others vs S. M. RAHMATULLAH AND Other Case No.: Civil Appeal No. 61-D of 1967 Date of Judgment:1969-10-16 Reported As: 1970 SCMR 386 Result: Appeal dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The appellants in this case who are the successors-in-interest of one Babu Jasoda Lal Basak filed a suit against the respondents herein for the declaration of their title to the parcel of land, measuring about 12 Kathas and forming part of Municipal holding No. 5/1, Simpson Road, Kotwali, Dacca; for khan possession, manse profits, damages, a permanent injunction for restraining the respondents from entering upon or making any construction upon the said land, eviction of the respondents and the removal of all structures and obstacles raised thereon. It was alleged in the plaint that on the 12th of January 1950, the respondents Nos. 1 and 2 had forcibly trespassed into a part of the aforesaid parcel of land which was then lying vacant and for this a complaint under sections 447, 352 and 504 of the Pakistan Penal Code had been filed in the Court of a Magistrate of Dacca. The respondents Nos. 1 and 2 had been summoned to appear therein but since communal disturbances broke out at Dacca in February 1950 the complainants were unable to appear in the case. The respondents were in these circumstances acquitted under section 247 of the Criminal Procedure Code with…

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