| Case ID |
008754f2-4ba1-40ad-8c4c-c4a981a59a63 |
| Body |
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| Case Number |
Suit Nos. 429 of 2005 and 115 of 2006 |
| Decision Date |
Feb 09, 2016 |
| Hearing Date |
Nov 18, 2015 |
| Decision |
The case involved two consolidated suits regarding the ownership and possession of a property. The plaintiff, Moiz Abbas, claimed ownership of the property and sought a declaration, permanent injunction, possession, and mesne profit due to the alleged wrongful possession by the defendant, MST. Latifa. The court found that the defendant had not proved her claim of ownership through an oral agreement, as required by law. The court ruled in favor of the plaintiff, granting him the right to take possession of the property and ordering the defendant to pay mesne profits. The decision emphasized the necessity of credible evidence for claims of oral agreements and highlighted the responsibilities of an attorney in property transactions. |
| Summary |
This case revolves around the legal battle for possession of a property situated in Karachi, Pakistan. The plaintiff, Moiz Abbas, contended that he is the rightful owner of the property, having purchased it through a registered sale deed. He claimed that the defendant, MST. Latifa, unlawfully occupied the property during his absence in the USA, asserting that she had no legal authority to do so. The court analyzed the evidence presented, noting that the defendant failed to provide credible proof of an oral sale agreement that she claimed to have with the plaintiff. Additionally, the court found that the defendant did not fulfill the necessary legal requirements in her pleadings to substantiate her claims. Consequently, the court decreed in favor of the plaintiff, ordering the defendant to vacate the premises and pay monthly mesne profits for her unauthorized occupation. This case underscores the importance of clear legal documentation in property transactions and the need for parties to adhere strictly to legal protocols in their claims. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Panhwar
|
| Lawyers |
Muhammad Mushtaq Qadri,
Abdul Majeeb Pirzada
|
| Petitioners |
Moiz Abbas
|
| Respondents |
MST. LATIFA
|
| Citations |
2017 SLD 2430,
2017 YLR 1607
|
| Other Citations |
2008 SCMR 1108,
2009 SCMR 114,
Muhammad Nawaz through L.Rs. v. Haji Muhammad Baran Khan through L.Rs. 2013 SCMR 1300,
Elahi Bakhsh v. Muhammad Iqbal 2014 SCMR 1217,
Abdul Karim Nausherwani v. State 2015 SCMR 397,
Imam Din v. Bashir Ahmed PLD 2005 SC 418,
Jamal Din v. Syed Altaf Hussain Shah and others 2005 MLD 1351,
Shabana Irfan v. Muhammad Shafi Khan 2009 SCMR 40,
PLD 2001 Pesh. 228
|
| Laws Involved |
Specific Relief Act, 1877,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
42,
12,
119,
122
|