THE STATE vs BASHIR AHMAD And ANOTHER — 1972 PCRLJ 561

Citation: 1972 PCRLJ 561

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: THE STATE vs BASHIR AHMAD And ANOTHER

Headnotes

Case cited as 1972 PCRLJ 561

Judgment Text

Court Name: Sindh High Court Judge(s): Dorab Patel Title: THE STATE vs BASHIR AHMAD And ANOTHER Case No.: Criminal Reference No. 35 of 1968 Date of Judgment:- Reported As: 1972 P Cr. L J 561 Result: Reference allowed JUDGMENT JUDGMENT This reference involves the construction of the provisions of section 540 of the Criminal Procedure Code. The material facts are that the first respondent and the father of the second respon dent had entered into a written deed of a partnership on 31st August 1963. The father of the second respondent was entitled to terminate the Partnership by 15 days' notice and in the events that happened, the Partnership had been terminated. There is a Deed Dissolution dated 21st May 1964, but there is a dispute about it and it is alleged that this deed is a forgery. The Partner ship business was carried on in a building known as Fadoo building on Bunder Road, Karachi. According to the second respondent, although on the dissolution of the partnership, the first respondent had lost all right and interest in these premises, he took illegal possession of these premises on 30th May 1964, therefore on his father's behalf he filed a complaint against the first respondent for criminal trespass under section 448, P. P. C. being Criminal Case No. 303 of 1965. I have also to observe here that the second respondent's father has filed a suit for rendition of accounts against the first respondent which is pending in the Court of the First Civil Judge, Karachi. In the…

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