| Case ID |
514af008-3668-463f-8b3d-64e43eee26a0 |
| Body |
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| Case Number |
Suit No. 1227 of 2004 |
| Decision Date |
Nov 18, 2019 |
| Hearing Date |
Aug 20, 2019 |
| Decision |
The Sindh High Court decreed the suit filed by the plaintiffs, Alhaj Sheikh Abdul Hafeez and another, against the defendants, Suhail Zaman and others, regarding a dispute over property rights. The court found that the General Power of Attorney presented by the defendants was forged and ruled that the plaintiffs were the rightful owners of the property in question. The court also determined that the defendants had failed to prove the legitimacy of the mortgage created over the property. The plaintiffs were awarded damages amounting to Rs. 50,00,000 for the mental anguish caused by the fraudulent acts of the defendants. The court emphasized the importance of the authenticity of documents and the implications of fraud in legal transactions. |
| Summary |
This case revolves around a property dispute involving allegations of forgery and fraud. The plaintiffs, Alhaj Sheikh Abdul Hafeez and another, claimed ownership of a commercial property located in Karachi, which they alleged was fraudulently taken from them through a forged General Power of Attorney. The court examined the evidence, including forensic analysis, which confirmed the forgery. The decision highlighted the principles of property rights, the implications of fraudulent actions in legal proceedings, and the burden of proof when contesting the validity of legal documents. The court ruled in favor of the plaintiffs, granting them substantial damages for their suffering due to the defendants' deceitful conduct. This case underscores the significance of due diligence in property transactions and the severe consequences of engaging in fraudulent behavior. |
| Court |
Sindh High Court
|
| Entities Involved |
Orix Investment Bank Pakistan Limited
|
| Judges |
Zafar Ahmed Rajput, Justice
|
| Lawyers |
Salahuddin Ahmed,
Rehman Kiyani,
Nadeem Ahmed,
Shamim Ahmed,
Amel Kansi,
Mazhar Hussain Shah
|
| Petitioners |
Another,
Alhaj Sheikh Abdul Hafeez
|
| Respondents |
Defendant No.3,
Defendant No.4,
Defendant No.6,
Suhail Zaman
|
| Citations |
2020 SLD 738,
2020 PLD 208
|
| Other Citations |
B.L. Sreedhar and others v. K.M. Munireddy (Dead) and others AIR 2003 SC 578,
Sailala v. Smt. Ngurtaiveli AIR 1980 Gauhati 70,
Talha Sarfraz v. Azad Government of the State of Jammu and Kashmir through Chief Secretary and 16 others 2013 YLR 652,
Uda Begam v. Imam-ud-Din and others L.L.R. 1 All 82,
Ramsden v. Dyson 1866 L.R. 1 HL 129,
Abdul Majid Khan v. Towseen Abdul Haleem and others 2012 CLD 06,
Gul Muhammad Awan v. Federation of Pakistan through Secretary Ministry of Finance and others 2013 SCMR 507,
Al-Meezan Investment Management Company Ltd. and 2 others v. WAPDA First Sukuk Company Limited Lahore and others PLD 2017 SC 1,
Baja through L.Rs. and others v. Mst. Bakhan and others 2015 SCMR 1704,
Lal and another v. Muhammad Ibrahim 1993 SCMR 710,
Government of Sindh through Chief Secretary and others v. Khalil Ahmad and others 1994 SCMR 782,
John Paul v. Irshad Ali and others PLD 1997 Kar. 267,
Ghias-ud-Din v. Iqbal Ahmed and 5 others PLD 1975 Lah. 780,
Mst. Sarwari Begum v. Atta-ur-Rehman 1997 CLC 1500
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
39,
42,
54
|