| Case ID |
0ff07cea-737b-40ad-9917-d2c07be3542b |
| Body |
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| Case Number |
High Court Appeal No.234 of 2018 |
| Decision Date |
Sep 28, 2021 |
| Hearing Date |
|
| Decision |
The High Court dismissed the appeal filed by the Pakistan Defence Officers Housing Authority against the judgment of the trial court which decreed the suit of the respondent, Mrs. Uzma Moinuddin. The trial court had ruled in favor of the respondent regarding the allotment and transfer of a residential plot allotted to her deceased father. The court found that the appellant failed to provide sufficient evidence to justify the cancellation of the plot, which was originally allotted to the respondent's father in 1976. The High Court upheld the trial court's findings, stating that the appellant did not follow fair procedures or provide adequate reasoning for the cancellation, thus violating principles of justice. |
| Summary |
In the case of High Court Appeal No.234 of 2018, the Sindh High Court dealt with a dispute concerning the allotment of a residential plot initially granted to the father of Mrs. Uzma Moinuddin. The case revolved around the legality of the cancellation of the plot by the Pakistan Defence Officers Housing Authority. The respondent argued that her father had been allotted the plot in 1976, and after his demise, it was supposed to be transferred to his legal heirs, including her. The appellant contended that the father had previously been allotted another plot, which disqualified him from receiving a second one. The trial court ruled in favor of the respondent, emphasizing the lack of evidence from the appellant to substantiate their claims. The High Court upheld this decision, affirming that no fair hearing was provided, and the cancellation lacked proper justification. This case highlights the importance of adherence to procedural justice in property allotment disputes and the legal rights of heirs in property matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Defence Housing Authority,
Pakistan Defence Officers Housing Authority
|
| Judges |
AQEEL AHMED ABBASI,
KAUSAR SULTANA HUSSAIN
|
| Lawyers |
Waseem Iqbal,
Muhammad Raghib Baqi
|
| Petitioners |
PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY
|
| Respondents |
Mrs. UZMA MOINUDDIN
|
| Citations |
2022 SLD 1297 = 2022 CLC 735
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Day Memorial Cess (Punjab) Act, 1964
|
| Sections |
17
|