| Case ID |
00203c76-0feb-4f97-ba8f-0b7f79a1714e |
| Body |
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| Case Number |
Suit No. 1172 of 2003 |
| Decision Date |
Dec 09, 2003 |
| Hearing Date |
Nov 24, 2003 |
| Decision |
The Sindh High Court ruled in favor of the plaintiff, Mrs. Zubaid, allowing the interim injunction against the defendants to restrain them from selling or altering the suit property. The Court found that the plaintiff had established a prima facie case and that the balance of convenience favored her. The plaintiff's rights as a sub-lessee were acknowledged, and the Court emphasized the importance of adhering to the approved building plans that provided for reserved amenities. The decision underscored the necessity of protecting the rights of sub-lessees against unauthorized constructions that jeopardize their amenities. |
| Summary |
In the case of Suit No. 1172 of 2003 before the Sindh High Court, the plaintiff, Mrs. Zubaid, a registered sub-lessee in the Uzma Apartment project, sought a declaration and permanent injunction against the defendants, including the City District Government of Karachi. The plaintiff argued that the defendants were violating approved building plans by raising unauthorized constructions that deprived her and other residents of essential amenities like car parking and children's park. The Court examined various laws, including the Civil Procedure Code and the Specific Relief Act, determining that the rejection of a plaint in a previous suit did not preclude the plaintiff from filing a new suit on the same grounds. The ruling highlighted the legal obligation of property owners to respect the rights of sub-lessees and the significance of maintaining the integrity of approved building plans. The Court granted the interim injunction, reinforcing the protection of residents' rights and ensuring compliance with regulatory standards in urban development. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Building Control Authority,
Uzma Apartment
|
| Judges |
ANWAR ZAHEER JAMALI, J
|
| Lawyers |
Muhammad Anwar Tariq,
Muhammad Sharif,
Mrs. Zahida Naqvi,
Mrs. Surriya Rahim
|
| Petitioners |
Mrs. ZUBAID
|
| Respondents |
CITY DISTRICT GOVERNMENT, Karachi and others
|
| Citations |
2004 SLD 2743,
2004 PLD 304
|
| Other Citations |
Abdul Razak v. Karachi Building Control Authority and others PLD 1994 SC 512,
Ardeshir Cowasjee and 10 others v. Karachi Building Control Authority (KMC), Karachi and 4 others 1999 SCMR 2883,
Muhammad Amin v. The State (2000 SCMR 1784),
Haji Haroon Mandrah and another v. Abdul Rahim and others (2001 CLC 1312),
Din Muhammad Qureshi v. Government of Sindh and others (2003 CLC 245)
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877),
Registration Act (XVI of 1908)
|
| Sections |
O. II, R.2,
O. VII, R.11,
O. XXXIX, Rr.1 & 2,
S. 42,
S. 54,
S.17
|