Pakistan Case Law← Search
1970 SCMR 413

THE KARACHI PARSI CO OPERATIVE HOUSING SOCIETY LTD. vs THE KARACHI

Citation1970 SCMR 413
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. K-112 of 1969 L. P. A. No. 270 of
Date1970-01-14
Judge(s)Waheeduddin Ahmad, Muhammad Yaqub Ali Khan
ResultLeave granted

ORDER

1. WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal arises out of an order of the High Court in the Letters Patent Appeal No. 270 of 1966, which was decided on the 24 July 1969. The area of the petitioner-Society formerly was within the limits of Karachi Cantonment and not within the area of Karachi Municipal Corporation. It had, therefore, to make its own arrangements for street lighting and street sweeping. By a notification of the Chief Commissioner -of Karachi, dated the 11th October 1952, the area of the Karachi Municipal Corporation was extended and the area of the petitioner-Society was included in it. It is not disputed that after the said notification, the respondent-Corporation became entitled to collect Municipal taxes in respect of the properties situated within the limit of petitioner-Society. The respondent-Corporation was also liable to provide street lighting and street sweeping. It appears that the respondent-Corporation took no steps to recover Municipal taxes nor did they provide street lighting and street sweeping in the area of the petitioner-Society. On the 6th June 1959, the respondent-Corporation called upon the owners of the properties of the petitioner-Society to pay general taxes and Government taxes with effect from the 11th October 1952. Thereupon, the petitioner-Society claimed refund of the amount which they have spent on the sweeping of the street and on making arrangement for street lighting through the Karachi Electric Supply Corporation. The respondent-Corporation did not pay any heed to it. Consequently, the petitioner-Society called upon the respondent-Corporation to refund td it Rs. 10,740 which it had paid to it as sweeping charges and further called upon it to pay Rs. 6,466 which it had paid to the Karachi Electric Supply Corporation for street lighting. On the non-th compliance of this notice, the petitioner-Society filed suit No. 40 of 1963 against the respondent- Corporation. The suit was decreed by a learned Single Judge of the High Court of West Pakistan, Karachi Bench, on the 17th May 1966. This judgment was challenged in Letters Patent Appeal No. 270 of 1966. The High Court, by judgment dated the 24th July 1969, upheld the claim of the petitioner- Society only in the sum of Rs. 7,135. The rest of the claim was dismissed on the ground that it was barred by time. The petitioner seeks permission to file an appeal against the said order.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search