| Case ID |
251f79e9-488a-4956-9fac-981023093401 |
| Body |
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| Case Number |
C.M.A. No.9987 of 2009 in Suit No.804 of 2008 |
| Decision Date |
Jul 04, 2011 |
| Hearing Date |
Apr 08, 2011 |
| Decision |
The Sindh High Court rejected the plaint under Order VII, Rule 11 of the Civil Procedure Code. The court found that the plaintiffs, who were tenants, did not have the standing to file the suit as they did not fall within the categories outlined in Section 92 of the Civil Procedure Code. The court emphasized that a suit under Section 92 could only be filed by the Advocate-General or by persons with an interest in the trust who have obtained the Advocate-General's consent. The court determined that the plaintiffs were asserting individual rights rather than acting in a representative capacity for the public interest, which is required under Section 92. The court also noted that the property in question was acquired after the trust was established and therefore was not subject to the restrictions specified in the trust deed. The court concluded that the trustees had acted within their powers and that the plaintiffs' application lacked merit. |
| Summary |
In the case C.M.A. No.9987 of 2009 in Suit No.804 of 2008, the Sindh High Court dealt with the issue of maintainability of a suit concerning a public charitable trust. The plaintiffs, tenants of a property owned by the Sir Jehangir Kothari Trust, sought to prevent the sale of the property by the trustees, arguing that the sale was contrary to the trust's provisions. The court analyzed the applicability of Section 92 of the Civil Procedure Code, which governs suits related to public charitable trusts, and determined that the plaintiffs did not have the legal standing to bring the suit as they were not among those authorized under the section. The court emphasized the importance of ensuring that actions taken by trustees align with the trust's objectives and legal requirements, thereby reinforcing the need for adherence to the legal framework governing charitable trusts. This case highlights the intersection of property law, trust law, and tenant rights, illustrating the complexities involved in the management of charitable trusts. The decision underscores the role of the courts in safeguarding public interest while balancing the rights of individuals involved. |
| Court |
Sindh High Court
|
| Entities Involved |
Sir Jehangir Kothari Trust
|
| Judges |
MUNIB AKHTAR, J
|
| Lawyers |
Moin Azhar Siddiqui for Plaintiffs,
R.F. Virjee for Defendants Nos.1 to 3,
Abdul Qadir Khan and Muhammad Younus Memon for Defendants Nos.4 to 17
|
| Petitioners |
Messrs MUHAMMAD ISMAIL through Managing Partner and 6 others
|
| Respondents |
Messrs SIR JAHANGIR KOTHARI TRUST through Trustees and 16 others
|
| Citations |
2011 SLD 818,
2011 CLC 1847
|
| Other Citations |
Fakir Shah and others v. Mehtab Shah Pir Bukhari Masjid and others PLD 1988 SC 283,
Begum Hafizunnisa Qureshi v. Shaikh Muhammad Hussain and others 2003 CLC 1156,
Muhammad Siddique v. Bhupendra Narayan Roy Chowdhury and others PLD 1992 Dacca 643,
Khadim Hussain and others v. Ata Muhammad and others PLD 1967 Lah. 915
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Sindh Rented Premises Ordinance (XVII of 1979),
Specific Relief Act (I of 1877)
|
| Sections |
O.VII,R.11,
S.92(1)(h),
S.15,
Ss. 42 & 54
|