| Case ID |
df53d51a-625b-44fb-bbe2-7934a13c50c5 |
| Body |
View case body. Login to View |
| Case Number |
R.F.A. No. 1118 of 2010 |
| Decision Date |
Oct 27, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the appeal filed by Amina Welfare Trust against the order and decree dated 18.02.2010 passed by the learned Civil Judge, Lahore, which had rejected the plaint of the suit for possession. The court determined that the trial court had erred in holding that prior permission from the Advocate General was necessary under Section 92 of the Civil Procedure Code for filing the suit. The High Court concluded that the suit property was included in the trust deed and therefore, the suit was maintainable without such permission. Consequently, the impugned order was set aside, and the case was remanded back to the trial court for a fresh decision on its merits. |
| Summary |
This case revolves around the appeal by Amina Welfare Trust against the dismissal of their suit for possession of property by the Civil Judge, Lahore. The main issue was whether prior permission from the Advocate General was required to file the suit under Section 92 of the Civil Procedure Code. The Lahore High Court ruled that such permission was not necessary as the trust itself was pursuing the case in a private capacity. The court emphasized that the suit property was indeed trust property as per the trust deed, thus establishing the trust's rightful ownership. This decision highlights the importance of understanding the legal framework surrounding trusts and the necessity of proper judicial processes in civil suits. The ruling was significant in ensuring that the rights of trusts are upheld in legal proceedings, especially in cases involving public charities. The court directed the trial court to reassess the case based on its merits, thereby allowing the trust to pursue its claim for possession effectively. |
| Court |
Lahore High Court
|
| Entities Involved |
Amina Welfare Trust,
Ashfaq Ahmad Qureshi
|
| Judges |
SHAHID BILAL HASSAN,
CH. MUHAMMAD IQBAL
|
| Lawyers |
Mr. Arshad Iqbal Bhullar,
Mr. Safdar Mehmud Warraich,
Mr. Sittar Sahil
|
| Petitioners |
Amina Welfare Trust (Regd.) Through Its Executor Trustee
|
| Respondents |
Ashfaq Ahmad Qureshi Etc
|
| Citations |
2016 SLD 1821,
2016 PLJ 391
|
| Other Citations |
Abdur Rahim Others Vs. Syed Abu Mahomed Barkat A.I Shah Others (AIR 1928 Privy Council 16),
Bachint Singh Another Vs. Ganpat R.I Others (AIR 1937 Lahore 660),
Fakir Shah and others VS Mehtab Shah Pir Bukhari Massjid Committee and others (PLD 1989 SC 283),
Miskin VS Additional District Judge, Mansehra and 32 others (2003 SCMR 121),
Khadim Hussain and 3 others VS Ata Muhammad and 7 others (PLD 1967 Lahore 915),
Syed Arif A.I Vs Syed Firdous A.I and others (2002 MLD 908 Karachi),
Jamia Masjid Muhammadia and Mad rassa Faizia VS Shamsher Khan and others (2003 CLC 682 Karachi),
Ghulam Yahya through Attorney and Legal Representative VS A.I Muhammad Jamal Maternity Homes (PLD 2005 Karachi 240),
Muhammad Ayub and 4 others VS Dr. Obaid Ullah and 6 others (1999 SCMR 394)
|
| Laws Involved |
Civil Courts Ordinance, 1962
|
| Sections |
18
|