| Case ID |
67b0674a-a967-455a-94a8-7f31a186f2f9 |
| Body |
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| Case Number |
Suit No. 1408 of 2016 |
| Decision Date |
Apr 01, 2019 |
| Hearing Date |
Apr 01, 2019 |
| Decision |
In the landmark decision of Suit No. 1408 of 2016, the Sindh High Court delivered a comprehensive judgment on April 1, 2019, presided over by Justice Muhammad Faisal Kamal Alam. The petitioner, Mirza Naseem Baig, sought legal redress against K.E.S.C. Employees Cooperative Housing Society Ltd. and others, alleging fraudulent activities, including the issuance of forged lease documents pertaining to Plot No.C-8 in Sector No.34-A, Shahra-e-Khizer, Karachi. The court meticulously examined the evidence presented, including the original allotment order, lease deeds, and rectification documents, all of which unequivocally established the petitioner’s rightful ownership of the property. The respondents failed to contest these primary documents, leading the court to uphold the petitioner’s claims. Additionally, the court addressed the fraudulent lease documents issued by Defendant No.1 in favor of Defendants Nos.7 to 10, deeming them as forged and ordering their cancellation. To prevent further malfeasance, the court issued both pre-history and prohibitory injunctions against the defendants, restraining them from making false claims or harassing the petitioner. Furthermore, recognizing the mental agony and financial losses endured by the petitioner, the court awarded damages amounting to Rs.1,000,000/- to be paid jointly and severally by Defendants Nos.7 to 10. This judgment not only reinforces property rights and combats fraudulent real estate practices but also serves as a deterrent against collusion between private and official defendants in unlawful activities. The decision underscores the judiciary’s commitment to upholding justice, equity, and good conscience, ensuring that rightful property owners are protected against illicit claims and actions. The case also highlights the effective use of legal provisions under the Specific Relief Act, Qanun-e-Shahadat, and the Civil Procedure Code to achieve a favorable outcome for the aggrieved party. By declaring the suit decreed in the petitioner’s favor, the Sindh High Court has set a precedent for future cases involving property disputes and fraudulent documentation, thereby fostering a more transparent and accountable legal environment in Karachi’s cooperative housing societies. |
| Summary |
In the significant case of Suit No. 1408 of 2016, adjudicated by the Sindh High Court on April 1, 2019, Justice Muhammad Faisal Kamal Alam delivered a pivotal judgment favoring the petitioner, Mirza Naseem Baig, against K.E.S.C. Employees Cooperative Housing Society Ltd. and multiple other defendants. The crux of the dispute revolved around the ownership and fraudulent documentation of Plot No.C-8 located in Sector No.34-A, Shahra-e-Khizer, Deh Soophra, Karachi. The petitioner, represented by renowned lawyer Farooq Akhtar Shaikh, presented robust evidence, including original allotment orders and registered lease deeds, establishing undeniable ownership of the property. The defense, represented by legal experts Sharyar Qazi and Shabir Shaikh, failed to contest these primary documents, which underscored the petitioner’s legitimate claim.
Further complicating the matter were allegations of forged lease documents issued by Defendant No.1 to Defendants Nos.7 to 10. The court meticulously analyzed these documents, determining them to be fabricated and void, leading to their cancellation. To safeguard the petitioner’s interests and prevent further fraudulent activities, the court imposed stringent injunctions. The pre-history injunction barred the defendants from making any false claims or transactions involving the disputed property until the case’s disposal. Additionally, a prohibitory injunction was issued to protect the petitioner from any form of harassment or threats by the defendants.
Recognizing the emotional and financial distress caused by the defendants’ actions, the court awarded the petitioner Rs.1,000,000/- in general damages for mental torture, agony, and humiliation. This compensation is to be paid jointly and severally by Defendants Nos.7 to 10, highlighting the court’s commitment to addressing not just the legal but also the personal ramifications of the defendants’ misconduct.
The judgment extensively references critical legal frameworks, including the Specific Relief Act, Qanun-e-Shahadat, and the Civil Procedure Code. Sections 39 and 42 of the Specific Relief Act, Sections 90-92 of the Qanun-e-Shahadat, and Sections O.XII and R.6 of the Civil Procedure Code were pivotal in shaping the court’s decision, ensuring that the petitioner’s rights were robustly protected under the law.
This case sets a precedent in combating fraudulent real estate practices within cooperative housing societies in Karachi. It underscores the judiciary’s role in upholding property rights and ensuring accountability among both private and official defendants. The court’s decisive action against the fabricated lease documents serves as a deterrent against future fraudulent activities, fostering a transparent and secure environment for property owners.
Moreover, the judgment highlights the effective collaboration between various legal entities and the decisive role of the judiciary in resolving complex property disputes. The involvement of the Board of Revenue and the lack of opposition from other official entities further solidified the petitioner’s position, demonstrating the comprehensive nature of the legal process in addressing and rectifying injustices.
In essence, Suit No. 1408 of 2016 is a landmark case that not only reinforces the sanctity of property ownership but also exemplifies the judiciary’s unwavering commitment to justice, equity, and good conscience. It serves as an exemplar for future legal battles involving property disputes and fraudulent documentation, ensuring that rightful owners are protected and that fraudulent practices are meticulously eradicated from the real estate sector. The court’s thorough analysis and firm stance in this case reflect the robust legal mechanisms in place to safeguard individual rights and uphold the rule of law in Pakistan’s judicial landscape. |
| Court |
Sindh High Court
|
| Entities Involved |
Board of Revenue,
K.E.S.C. Employees Cooperative Housing Society Ltd.
|
| Judges |
MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
|
| Lawyers |
Farooq Akhtar Shaikh,
Sharyar Qazi,
Shabir Shaikh
|
| Petitioners |
MIRZA NASEEM BAIG
|
| Respondents |
K.E.S.C. Employees Cooperative Housing Society Ltd. and Others
|
| Citations |
2019 SLD 3063,
2019 YLR 2609
|
| Other Citations |
Abdul Majeed Khan v. Tawseen Abdul Haleem 2012 CLD 6,
Sufi Muhammad Ishaque v. The Metropolitan Corporation Lahore through Mayor PLD 1996 SC 737,
Suit No. 792 of 2011
|
| Laws Involved |
Specific Relief Act, 1877,
Qanun-e-Shahadat (10 of 1984),
Civil Procedure Code (V of 1908)
|
| Sections |
39,
42,
90,
91,
92,
O.XII,
R.6
|