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PATRACO LTD. versus DEPUTY COMMISSIONER & ASSISTANT CUSTODIAN OF ENEMY PROPERTY


Section 115 Arguments Appellant / Plaintiff, who subsequently protested against the auction and set up the issue of participating in the auction only to demonstrate interest and avoid complications, arguing that the claimant. Participated in the auction next year and has been barred from requesting auction. In respect of the property the buyer, the holder, the competent and competent defendant does not refrain from making such application [Estoppel]

1981 CL C 1 433

[Karachi]

Before Abdul Hayee Kureshi and Sajjad Ali Shah, JJ

PATRACO LTD.‑Appellant

versus

DEPUTY COMMISSIONER AND ASSISTANT CUSTODIAN OF

ENEMY PROPERTY AND 3 OTHERS‑Respondents

Letters Patent Appeal Nos. 186 to 189 and 201 of 1970, decided on 27th November, 1979.

Evidence Act (I of 1872)‑‑‑

‑‑‑ S. 115‑Estoppel‑Appellants/plaintiffs having protested against subsequent auction and setting up case of having taken part in subse quent auction only to protest their interest and to avoid complications, contention that plaintiff having taken part in auction for following year estopped from raising plea of being auction purchasers in respect of property in question, held, not tenable and plaintiff not estopped from raising such plea. ‑[Estoppel].

Mohsln Tayabally, Naisuddin and Iqbal Siddiqui for Appellants.

Usman Ghani Rashid, A.‑G. (Sind) with Syed Sarfraz Ahmad Asstt. A.‑G. for Respondents Nos. 1 and 2.

M. Zaheeruddin Khan for Respondents Nos. 3 and 4.

Dates of hearing : 9th, 21st, 24th October ; 12th and 14th Novem ber, 1979,

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