| Case ID |
104025b7-4354-42a7-932c-99abb9335068 |
| Body |
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| Case Number |
C.P. No.D-909 of 2001 |
| Decision Date |
May 12, 2005 |
| Hearing Date |
May 04, 2005 |
| Decision |
The Constitutional petition was dismissed as the petitioner failed to establish her claim of ownership over the abandoned property. The petitioner argued that the property was purchased from Anil Kanti Barua through his attorney, Mr. Abdul Monem Khan. However, it was determined that the property was declared abandoned under the Abandoned Properties (Management) Act due to the vendor's status as a 'Specified Person' after the creation of Bangladesh. The court concluded that the transaction was not bona fide, and the petitioner did not provide sufficient evidence to counter the claims regarding the abandonment of the property. Furthermore, necessary approvals under the law for such transfers were not obtained, leading to the dismissal of the claim. |
| Summary |
In this case, the Sindh High Court addressed the complexities surrounding the ownership of a property deemed abandoned under the Abandoned Properties (Management) Act. The petitioner claimed to have purchased the property from Anil Kanti Barua, who was classified as a 'Specified Person' after migrating to Bangladesh post-1971. The court highlighted the necessity of proper legal procedures for confirming ownership transfers and emphasized that transactions involving abandoned properties must adhere strictly to statutory requirements. The ruling reinforced the legal framework governing abandoned properties in Pakistan, shedding light on the implications for bona fide purchasers. This case serves as a crucial reference for property law, particularly in relation to abandoned properties and the rights of purchasers under such circumstances. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ATA-UR-REHMAN,
S. ALI ASLAM JAFRI
|
| Lawyers |
Qazi Faez Isa,
S. Tariq Ali
|
| Petitioners |
Mrs. AFSARA ASIF ALI RASHID
|
| Respondents |
others,
BOARD OF TRUSTEES
|
| Citations |
2005 SLD 1441 = 2005 CLC 1857
|
| Other Citations |
Ilyasib Minhas v. Board of Trustees Abandoned Properties and 2 others 1990 CLC 862
|
| Laws Involved |
Abandoned Properties (Management) Act,
Constitution of Pakistan
|
| Sections |
2(a),
2(f),
3,
11,
13,
14,
15,
199
|