| Case ID |
380b6d83-7ea9-4458-9664-7b1f84def0f0 |
| Body |
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| Case Number |
Suit No. 828 of 2009 |
| Decision Date |
Jan 12, 2015 |
| Hearing Date |
Oct 28, 2014 |
| Decision |
The court dismissed the application for impleading the Government as a party in the suit. The plaintiff sought possession of a plot of land, claiming ownership which was contested by the defendants. The court ruled that under Section 9 of the Specific Relief Act, 1877, the Government cannot be impleaded in such suits. The plaintiff did not seek a declaration of ownership or title, which further supported the decision against the application. The court emphasized that the issue of ownership cannot be decided in a suit for possession under the Specific Relief Act, leading to the dismissal of the application with no order as to costs. |
| Summary |
In the case of Suit No. 828 of 2009, the Sindh High Court addressed the complexities of property possession disputes under the Specific Relief Act, 1877. The plaintiff, Raja Rehmat Khan, sought possession of a government-owned plot, claiming he purchased it from the original lessee. The court examined the implications of impleading government entities in possession suits, ultimately ruling against it based on Section 9 of the Specific Relief Act, which explicitly states that no suit under this section can be brought against the Government. This decision highlights the legal boundaries regarding property claims against government ownership, emphasizing the necessity for proper legal grounds when seeking possession. The ruling also illustrates the importance of having clear ownership declarations when filing such suits. The decision reflects the intricate balance between private property rights and governmental authority in Pakistan's legal landscape, making it a significant reference for similar future cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Board of Revenue, Government of Sindh,
Sindh Katchi Abadis Authority,
Government of Sindh through Chief Secretary
|
| Judges |
NAZAR AKBAR, J
|
| Lawyers |
Badar Alam,
K.B. Bhutto
|
| Petitioners |
Raja REHMAT KHAN
|
| Respondents |
2 others,
MUHAMMAD AAMIR TASTEE
|
| Citations |
2015 SLD 2341,
2015 CLC 1116
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O. I, R.10,
S.9
|