| Case ID |
38f337a7-ec43-408d-a2b9-8c55bc596cbf |
| Body |
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| Case Number |
Suit No. 381 of 2003 |
| Decision Date |
Jan 19, 2018 |
| Hearing Date |
Dec 22, 2017 |
| Decision |
The Sindh High Court dismissed the suit filed by the Mal Nigran Welfare Association for specific performance of the agreement to sell, declaration, and injunction. The court noted that the plaintiff association had not taken any steps to establish its aims and objectives outlined in the Societies Registration Act, 1860, and had failed to substantiate its claims with proper documentation. The court found that the plaintiffs were not entitled to relief as they could not prove their right to the allotment of plots in the new Sabzi Mandi, despite claiming to be a welfare association for over 20 years without any substantial action taken toward their stated objectives. As a result, the suit was deemed not maintainable and dismissed. |
| Summary |
In the case of Mal Nigran Welfare Association v. Government of Sindh, the Sindh High Court addressed a suit filed for the specific performance of an agreement concerning the allotment of plots in the new Sabzi Mandi. The plaintiff, a welfare association, sought directions for the allotment of plots to its members, claiming they had occupied spaces in the old Subzi Mandi. The court scrutinized the aims and objectives of the association under the Societies Registration Act, 1860, and found them lacking substance, noting that the association had failed to establish any dispensary or health center as claimed. Furthermore, the court emphasized the necessity for proper authorization and documentation to substantiate the claims made by the plaintiffs. Ultimately, the court concluded that the suit was not maintainable and dismissed it, underscoring the importance of adhering to legal requirements for associations and their representatives. This case highlights critical aspects of legal compliance for welfare associations and the necessity of presenting credible evidence in court proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
NAZAR AKBAR, JUSTICE
|
| Lawyers |
Shahab Sarki,
Ms. Leela Kalpana Devi, AAG,
Parvez Ahmed Memon
|
| Petitioners |
MAL NIGRAN WELFARE ASSOCIATION THROUGH CHAIRMAN
|
| Respondents |
GOVERNMENT OF SINDH THROUGH SECRETARY AGRICULTURE/CHAIRMAN AND 2 OTHERS
|
| Citations |
2018 SLD 872,
2018 YLR 848
|
| Other Citations |
Messrs MFMY Industries and others v. Federation of Pakistan and others 2015 SCMR 1550
|
| Laws Involved |
Societies Registration Act, 1860,
Specific Relief Act, 1877
|
| Sections |
1,
20,
12,
42,
54
|