HARI SINGH Vs. DEWANI VIDYAWATI

JUDGEMENT

(1.) THE present suit has been filed by the plaintiffs Sardar Hari Singh, Sardar Fouja Singh and Sardar Kartar Singh for recovery of Rs. 36,000/ -, out of which Rs. 34,000/ - was advance money given for the Theka in question and Rs. 2,000/ - has been claimed as damages. The plaintiffs case is as follows :

(2.) THE suit was contested by the defendant and a number of pleas were taken by her. The defendant pleaded, inter alia, that the plaintiffs were Pakistan nationals and the suit was not maintainable without the sanction of the State. They also pleaded that the plaintiffs were not State subjects and further that the suit was not triable by the Civil Court as there was a relationship of landlord and tenant between the parties. Certain other pleas were also taken regarding the maintainability of the suit and all these pleas have been decided by orders of this Court which will be referred to later.

(3.) ON the pleadings of the parties certain preliminary issues were raised which were decided by orders of my predecessor, Mr. Justice Shahmiri dated 24th January, 1955, 10th April, 1956 nd 14th December, 1956. All these issues were decided against the defendant and the suit was directed to be tried on merits. When the suit came up for hearing on merits the following issues were struck, after hearing the parties: