| Case ID |
2667d2c5-083f-4d95-9492-1bbdbf87f327 |
| Body |
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| Case Number |
Suit No. 45 of 1998 |
| Decision Date |
Aug 31, 2016 |
| Hearing Date |
Aug 15, 2016 |
| Decision |
The Sindh High Court ruled in favor of the plaintiffs, Muhammad Akram Qureshi and another, declaring them the lawful owners of the disputed land measuring approximately 3630 square yards, part of Survey No. 291. The court emphasized that the plaintiffs had provided sufficient legal documentation to establish their ownership, including a registered sale deed and relevant governmental records. The court found that the defendant's claims to the land were unfounded and based on collusively obtained documents. Consequently, the plaintiffs were granted a permanent injunction against any interference by the defendant regarding the construction on the land. The decision underscored the importance of documentary evidence in property disputes and the court's duty to ensure justice without being hindered by technicalities. |
| Summary |
This case revolves around the ownership dispute of a piece of land in Karachi, Pakistan, between the plaintiffs, Muhammad Akram Qureshi and another, and the Pakistan Defence Housing Authority. The plaintiffs asserted their ownership based on a registered sale deed and other official documents, while the defendants claimed that the plaintiffs' documents were forged or improperly obtained. The court examined the principles of the Civil Procedure Code and the Qanun-e-Shahadat, emphasizing the importance of registered documents as presumptive evidence of ownership. The court ultimately ruled in favor of the plaintiffs, affirming their rights to the property and restraining the defendants from interfering with their possession. This case highlights critical legal principles surrounding property ownership, the significance of documentary evidence in legal disputes, and the courts' commitment to ensuring justice without being obstructed by procedural technicalities. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Defence Housing Authority,
Muhammad Akram Qureshi
|
| Judges |
ARSHAD HUSSAIN KHAN, JUSTICE
|
| Lawyers |
Muhammad Azam Khan,
Raja Sikandar Khan Yasir
|
| Petitioners |
ANOTHER,
MUHAMMAD AKRAM QURESHI
|
| Respondents |
PAKISTAN DEFENCE HOUSING AUTHORITY
|
| Citations |
2017 SLD 2304,
2017 CLC 495
|
| Other Citations |
Mst. Jannat Bibi v. Saras Khan 2011 SCMR 1460,
Ghulam Ghous v. Muhammad Yasin and another 2009 SCMR 70,
Mirza Muhammad Sharif and 2 others v. Mst. Nawab Bibi and 4 others 1993 SCMR 462,
Abbas Ali Shah and 5 others v. Ghulam Ali and another 2004 SCMR 1342,
Imam Bux and others v. Daim and others PLD 2007 Kar. 358,
Nathe Khan v. Mst. Rehmat Bibi and others PLD 1961 (W.P.) BJ 96,
M/s. Akbar Brothers v. M. Khalil Dar PLD 2007 Lah. 385
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
9,
O. I, R. 9,
O. XIII, Rr. 1 & 4,
118,
72,
117,
120
|