| Case ID |
40f49ec5-97b2-45be-a811-c0e4f724ae71 |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 1810 of 2010 |
| Decision Date |
Oct 12, 2011 |
| Hearing Date |
Sep 27, 2011 |
| Decision |
The Sindh High Court, led by Justice Munib Akhtar, ruled to reject the plaint filed by the Society Apartments Complex Welfare Association. The court found that the association lacked the legal standing to claim damages for mental torture, agony, and distress, as these claims could only be made by individuals. The court determined that the association's aims and objectives did not encompass the right to sue for the issues presented in this case. The ruling emphasized that any potential grievance regarding the lease deed should be addressed by the individual allottees or owners of the flats, not by the association itself. Consequently, the plaint was rejected, although this did not preclude the individual owners from pursuing their claims in separate proceedings. |
| Summary |
In the case of Society Apartments Complex Welfare Association vs. Federation of Pakistan, the Sindh High Court examined the validity of a suit filed by a welfare association seeking damages for alleged mental distress caused by actions related to a lease deed. The court highlighted the importance of legal standing, determining that the association had no grounds to claim damages typically reserved for individuals. The ruling clarified the limited scope of the association's constitution and emphasized that any disputes regarding property rights should be pursued by the individual allottees. This case underscores critical aspects of civil procedure and the necessity for proper legal representation in claims involving property disputes. The decision is significant for welfare associations and their legal capacities. |
| Court |
Sindh High Court
|
| Entities Involved |
FEDERATION OF PAKISTAN,
SOCIETY APARTMENTS COMPLEX WELFARE ASSOCIATION
|
| Judges |
MUNIB AKHTAR, J
|
| Lawyers |
Masroor Ahmed Alvi for Plaintiff,
Saif-ud-Din for Defendant No. 3,
K.A. Wahab for Defendant No. 4
|
| Petitioners |
SOCIETY APARTMENTS COMPLEX WELFARE ASSOCIATION, PECHS, Karachi
|
| Respondents |
,
FEDERATION OF PAKISTAN through Secretary Ministry of Housing and Works Division, Islamabad
|
| Citations |
2012 SLD 2752,
2012 PLD 29
|
| Other Citations |
Muntizma Committee, Al-Mustafa Colony (Regd.) and others v. Director Katchi Abadis Sindh and others PLD 1992 Kar. 54,
Ali Nawaz v. Azizullah PLD 2007 Karachi 347,
Zaibunnisa v Muhammad Sajid and another 2007 CLC 1757,
Raees Ghulam Sarwar v. Mansoor Sadiq Zaidi PLD 2008 Karachi 458,
Attaullah and others v. Sanaullah and others PLD 2009 Kar. 38
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act
|
| Sections |
O. VII, R.11,
42,
39
|