Haji IMAM ALI SHAH vs WADERO KABOOL AND ANOTHER — 1980 CLC 759

Citation: 1980 CLC 759

Court: Sindh High Court

Year: 1968

Decision Date: 1968-08-15

Parties: Haji IMAM ALI SHAH vs WADERO KABOOL AND ANOTHER

Headnotes

Case cited as 1980 CLC 759

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Kadir Nawaz S. Awan Title: Haji IMAM ALI SHAH vs WADERO KABOOL AND ANOTHER Case No.: First Appeals Nos. 21, 22, 24 and 90 of 1964 Date of Judgment:1968-08-15 Reported As: 1980 CLC 759 Result: Appeal accepted JUDGMENT JUDGMENT ' KADIR NAWAZ S. AWAN, J.-Facts giving rise to this litigation may be briefly stated : 1. In Suit No, 142/61, the two plaintiffs (Haji Imam Ali Shah son of Chhuttan Shah and his daughter Mst. Bibi Rashida) had claimed a sum of Rs, 25,186 alleging that four defendants namely Syed Muhammad Alam Shah, (2) Haji Muhammad Ismail, (3) Wadero Kabool, and (4) Muhammad Varal had taken their land on lease dated 2-7-1959 (registered on 31-7-1957) and measuring 629-26 acres in Deh Bhimpura, Taluka Hyderabad on the terms mentioned in paragraph 2 of their plaint. The lease was for 5 years commencing from Kharif 1958-59 till Rabi 1962-63 at Rs, 20 per acre, i. e. Rs, 12,592 for the entire land. Plaintiffs had admitted to have received the lease money for the first year, viz. 1958-59 but the defendants had failed to pay the arrears of lease money for two years, viz. 1959-60 and 1960-61 which was payable on 1-12-1959 and 1-12-1960 and hence this suit for the recovery of Rs, 25,186. Two notices were served upon the defendants but without any result. 2. The defence taken by the defendants was that plaintiffs did not put Them in possession of this land to the extent of 328-39 acres and hence the lease deed was…

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