PROVINCE OF EAST PAKISTAN AND 2 OTHER vs MESSRS ALLAWALA & CO. AND — 1971 PLD 476

Citation: 1971 PLD 476

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: PROVINCE OF EAST PAKISTAN AND 2 OTHER vs MESSRS ALLAWALA & CO. AND JUDGMENT

Headnotes

Case cited as PLD 1971 Supreme Court 476

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan Title:PROVINCE OF EAST PAKISTAN AND 2 OTHER vs MESSRS ALLAWALA & CO. AND JUDGMENT Reported As: PLD 1971 Supreme Court 476 Result: Appeals dismissed Judgment JUDGMENT M. R. KHAN, J.--These five appeals, by special leave, involve common questions of law, and this judgment will dispose of all of them. The appeals have arisen under the following circumstances: The holding No, 9, Anderkilla, J. C. Road, Chittagong, popularly known as "Musafirkhana Building", among other lands and buildings, had been owned by the Chittagong Muslim Institute. All the properties of the Chittagong Muslim Institute including the Musafirkhana Building were acquired by the Pro-vincial Government on the 24th September 1959, by the Chittagong Muslim institute Ordinance, 1959 (East Pakistan Ordinance (LXV of 1959). By virtue of that Ordinance, all the properties of the Chittagong Muslim Institute vested in the Provincial Government free from all encumbrances. For the purpose of management, control and preservation of those properties, a Managing Committee was constituted by Rules made under the said Ordinance. At the material time, the Sub-Divisional Officer, Sadar (North), Chittagong, was the ex officio Secretary of the Management Committee. Each respondent of each of the Civil Appeals Nos, 29-D to 31-D of 1970 was in occupation of a specified portion of the Musafirkhana Building as a monthly tenant…

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