| Case ID |
440fccf4-8d75-4956-aae1-7184d5d47af6 |
| Body |
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| Case Number |
Civil Miscellaneous Applications Nos. 11761 and 11 |
| Decision Date |
Sep 25, 1994 |
| Hearing Date |
|
| Decision |
In this case, the plaintiffs sought a declaration of ownership of shop No.23-A at Panorama Centre, claiming that certain documents were forged and that they were entitled to damages. The defendants, however, contended that the premises were rented to the plaintiffs and possession was surrendered through a compromise. The court observed that the plaintiffs had not established their title to the property, and therefore, their request for a temporary injunction was denied. The applications for fresh injunction and attachment of the defendants' properties were rejected as well, since it was found that the defendants had complied with their earlier undertaking regarding the disputed property. |
| Summary |
This case revolves around a dispute between the plaintiffs, Khawaja MANSOOR AHMAD and another, and the defendants, PANORAMA ENTERPRISES LTD. and others, regarding the ownership of shop No.23-A at Panorama Centre. The plaintiffs claimed that they had been allocated the shop and sought a declaration of ownership while alleging that certain documents were forged. They also sought damages amounting to Rs.51,60,000 with an interest rate of 14% per annum. The defendants argued that the premises had been rented out to the plaintiffs and were surrendered through a settlement. The Sindh High Court, presided over by Justice Rana Bhagawan Das, found that the plaintiffs had not established their title to the premises and that there was no breach of the earlier court order by the defendants. Consequently, the court rejected the plaintiffs' applications for a temporary injunction and for the attachment of the defendants' properties. This case highlights critical issues in property law, particularly concerning ownership claims and the enforcement of court orders. It serves as a significant reference for similar disputes related to property rights and injunction applications in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGAWAN DAS, J
|
| Lawyers |
Muhammad Akhtar Khan,
Ismail Merchant
|
| Petitioners |
Khawaja MANSOOR AHMAD and another
|
| Respondents |
PANORAMA ENTERPRISES LTD. and 4 others
|
| Citations |
1995 SLD 1076,
1995 CLC 998
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
42,
O.XXXIX, Rr. 1 & 2
|