1968 PLP 525 (SCMR)
Matt MUHAMMAD LATIF-Petitioner Versus PROVINCE OF WEST PAKISTAN AND ANOTHER-Respondents
| Citation | 1968 PLP 525 (SCMR) |
| Forum / Court | High Court |
| Bench Members | A. R. Cornelius, C. J and Fazle-Akbar, J |
| Parties | Matt MUHAMMAD LATIF-Petitioner Versus PROVINCE OF WEST PAKISTAN AND ANOTHER-Respondents |
Q1: What are the key laws and sections cited in 1968 PLP 525 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 PLP 525 (SCMR)?
The case was heard and decided by the High Court bench comprising: A. R. Cornelius, C. J and Fazle-Akbar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 PLP 525 (SCMR) (Matt MUHAMMAD LATIF-Petitioner Versus PROVINCE OF WEST PAKISTAN AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- A. K. Brohi, Senior Advocate Supreme Court (Rustarn J. E. Kaikobad, Advocate Supreme Court with him) instructed by Ghularn Ali demon, Attorney for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment and order of he High Court We, of West Pakistan, Karachi Bench, Karachi, dated the 16th - November 1967, in Revision pplication No. 69 of 1967). Sindh Revenue Jurisdiction Act, 1876, S. 11-Ijara Tax- Sind Revenue Officer issuing certificate for recovery of tax as arrears of land revenue-Declaratory suit that procedure of mode of recovery was illegal-High Court holding that such suit was barred by S.11-Petition for Special Leave to Appeal on ground that Act was not applicable to Khairpur State in 1952-54 when tax was levied and therefore bar of S. 11 not attracted-Leave granted by Supreme Court to consider contention.
Judgment & Decree
FAZLE-AKBAR, J.-On the report of the Revnue Officer, Khairpur, that Ghulam Farid, father of the petitioner Mian Muhammad Latif, was liable to pay Rs. 2,39,6384-7-0 as ljara Tax, the Deputy Commissioner ordered recovery of the said amount as land revenue. The Revenue Officer then issued a certificate and forwarded it to the Deputy Commissioner, Sanghar, for taking necessary action. Ghulam Farid then filed a suit in the Court of Senior Civil Judge, KhairPur, against the Province of West Pakistan for a declaration: "that the procedure and mode of recovery as arrers of land revenue and the very recovery is illegal, inoperative, without jurisdiction nullity in law and is not binding upon the plaintiff." Along with the plaint he filed an application for an injunction restraining the defendant from taking steps to recover the said amount. The Senior Civil Judge granted the injunction subject to his furnishing ecurity for Rs. 2,50,
000. Both the plaintiff and the Government filed appeals against his order. Appeal of the Government was accepted and that of the plaintiff was rejected. The plaintiff then filed a revision petition in the High Court. A learned Single Judge of that Court being of the opinion that such a suit was barred by section 11 of the Sind Revenue Jurisdiction Act 1876, dismissed the petition. The plaintiff now seeks special leave to appeal to this Court. Mr. Brohi, the learned Counsel for the petitioner, has contended inter alia: (i) that the Sind Revenue Jurisdiction Act, 1876, was not applicable to the Khairpur State in the years 1952-54 when orders for levy of ljara Tax were passed and therefore the bar of section 11 would not be attracted to this case, and (ii) that the order for levying tiara Tax was wholly without jurisdiction, and nullity in law and hence the proceedings for recovery of the said tax as land revenue were also of no legal effect As these are substantial questions of law, we grant leave to appeal as prayed.. Security-Rs. 1,
000. Stay already granted will continue till disposal of the appeal. Mr. Brohi has stated that the authority concerned has sealed the petitioner's factory, if so, the seal should be removed forthwith. Petition accepted.