BANARAS KHAN vs SARDAR KHAN AND 8 Other — 1972 SCMR 588

Citation: 1972 SCMR 588

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: BANARAS KHAN vs SARDAR KHAN AND 8 Other

Headnotes

Case cited as 1972 SCMR 588

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan Title: BANARAS KHAN vs SARDAR KHAN AND 8 Other Case No.:Civil Petition for Special Leave to Appeal No. 52-P of 1971 Regular First JUDGMENT Reported As: 1972 SCMR 588 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-Petitioner Banaras Khan was defendant No. 1 in the suit brought in January 1957, by plaintiffs---respondents 1 to 5 against several defendants for possession of 26 kanals, 9 marlas and 3J sarsais of the disputed land on payment of certain compensation to the defendants on account of the improvements made by them. The suit was decreed by the Civil Judge, Peshawar. The petitioner preferred an appeal before the Peshawar High Court under section 30(b) of the North-West Frontier Province Courts Regulation, which was dismissed by a Division Bench of the High Court with certain modifications in the decree. The plaintiffs-respondents 1 to 5 filed cross- objections before the High Court, and contended that the defendants were not entitled to the improvements assessed in the year 1970, and that in any case the decree required modification. The cross-objection was also dismissed by the High Court subject to certain modifications in the decree. The following are certain facts which have been admitted by the parties:- Mir Ahmad father of plaintiff No. 1 Sardar Khan was thr9l occupancy tenant under section 5 of the Punjab Tenancy Act XVI of 1887. More than 50 years ago Mir…

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