| Case ID |
d76f49ff-cfa4-4ac1-9fd5-15e9df15d75a |
| Body |
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| Case Number |
C.P. No. D-390 of 1988 |
| Decision Date |
Jul 20, 2004 |
| Hearing Date |
Mar 09, 2004 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Mustafa Lakhani against the Pakistan Defence Officers Housing Authority. The court found that the allotment of the plot to the petitioner was based on an illegal and fraudulent order. The petitioner failed to produce a valid decision from the Managing Committee of the Society that would support the allotment. The court ruled that since the original allotment was void and mala fide, all subsequent rights and privileges claimed by the petitioner were also invalid. The court emphasized that no perpetual rights could be obtained from an illegal order and therefore, the petition was dismissed with no order as to costs. |
| Summary |
This case revolves around a constitutional petition filed by Mustafa Lakhani challenging the cancellation of a plot allotment by the Pakistan Defence Officers Housing Authority. The High Court examined the legality of the allotment made in 1978 and found it to be fraudulent and illegal. The Managing Committee's purported meeting on 13.4.1976, which allegedly approved the allotment, was found to have never taken place, rendering the allotment invalid. The court highlighted the principle that no rights can be derived from an illegal order, leading to the dismissal of the petition. The case underscores the importance of lawful authority in property allotments and the implications of fraudulent actions within housing authorities. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Defence Officers Housing Authority,
Khayban-e-Badar, Phase VII
|
| Judges |
Saiyed Saeed Ashhad, C.J.,
Ghulam Rabbani, J.
|
| Lawyers |
Mr. Abul Inam,
Mr. Nazar Hussain Dhoon
|
| Petitioners |
MUSTAFA LAKHANI
|
| Respondents |
KARACHI,
PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY
|
| Citations |
2005 SLD 3888,
2005 PLJ 155
|
| Other Citations |
PLD 1958 SC 104,
PLD 1969 SC 333,
PLD 1971 SC 124
|
| Laws Involved |
Pakistan Defence Officers Housing Authority Order,
Constitution of Pakistan, 1973
|
| Sections |
17(h),
199
|