MUHAMMAD SAEED vs MUHAMMAD ANWAR AND Another — 1971 SCMR 27

Citation: 1971 SCMR 27

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-29

Parties: MUHAMMAD SAEED vs MUHAMMAD ANWAR AND Another

Headnotes

Case cited as 1971 SCMR 27

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: MUHAMMAD SAEED vs MUHAMMAD ANWAR AND Another Case No.:Criminal Petition for Special Leave to Appeal No. 187 of 1969 Criminal Revision No. 262 of 1968 Date of Judgment:1970-05-29 Reported As: 1971 SCMR 27 Result: Petition dismissed Judgment ORDER SAJJAD AHMAD, J.-A dispute has arisen between the parties over the possession of Pak Oil Flour Mills, Sahiwal, bringing in its wake a crop of civil and criminal litigation, one of which is an action under section 145 of the Cr. P. C. Brought by the respondent Muhammad Anwar, which has culminated in the present petition for special leave to appeal. In his application under section 145 of the Cr. P. C. Muhammad Anwar claimed that he and his relations were co-sharers in the Mill to the extent of 5/16 share, and that in consequence of an arbitration award, an area measuring 53 marlas, with the super structure thereon, was to remain under mortgage with them in lieu of Rs. 33,399, which amount was to be paid by the 12th of November 1966, failing which the land and the buildings thereon were to be deemed to be the property of Muhammad Anwar and his mother. It was alleged that as the payment of the mortgage debt had not been made by the stipulated date, Muhammad Anwar and his relations had taken possession of the factory. The petitioner, on the other hand, claimed that he had remained in possession of the factory all along and…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.