| Case ID |
f8a01e2d-d7d4-486d-a5e2-0f735bb5dddc |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 362 of 1988 |
| Decision Date |
Dec 21, 1988 |
| Hearing Date |
Dec 15, 1988 |
| Decision |
The Sindh High Court ruled that the dispute regarding the title of the property, which had already been adjudicated by the Rent Controller, could not be re-litigated in a Civil Court due to the principles of res judicata. The plaintiff's claims were rejected as he failed to establish a prima facie case, as the court noted that the plaintiff had been out of possession for years and did not seek an injunction in prior suits. The court dismissed the plaint and the interim applications filed by the plaintiff, affirming the finality of the Rent Controller's decisions. |
| Summary |
In the case of Sindh High Court Suit No. 362 of 1988, the court addressed a dispute over property ownership involving Dr. Arshad Kamal Khan and Mrs. Saeeda Khalid Kamal Khan. The case revolved around the allegations that the property was purchased by the plaintiff's father, but was registered under the name of the defendant, leading to claims of benami ownership. The court emphasized the importance of finality in legal adjudication, particularly concerning disputes resolved by the Rent Controller. The ruling highlighted that once a matter has been conclusively decided, it cannot be revisited in a general jurisdiction civil court, thereby reinforcing the doctrine of res judicata. This decision is significant for property law and rental disputes in Pakistan, setting a precedent on how ownership claims are treated in light of prior rulings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ABDUL REHMAN, J
|
| Lawyers |
A. Rauf,
Shamshad Lari
|
| Petitioners |
Dr. ARSHAD KAMAL KHAN
|
| Respondents |
Mrs. SAEEDA KHALID KAMAL KHAN
|
| Citations |
1991 SLD 1711 = 1991 CLC 520
|
| Other Citations |
Khuda Bakhsh v. Khushi Muhammad P L D 1976 SC 208,
Devachand Muljimal v. Deputy Settlement and Rehabilitation Commissioner, Karachi P L D 1965 SC 336,
Abdul Manan Malik v. The Marine and Fisheries Department 1986 M L D 2970,
Ismail Brothers v. Kevel Ram P L D 1981 SC 545,
Sohail Akhtar v. Land Acquisition Collector 1985 C L C 154,
Rehmatullah v. Ali Muhammad 1983 S C M R 1064,
Muhammad Yousuf v. Abdullah and others P L D 1980 SC 296,
Mian Muhammad Latif v. Province of West Pakistan P L D 1970 SC 180,
Salahuddin v. Zaheeruddin P L D 1988 SC 221
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Civil Procedure Code (V of 1908)
|
| Sections |
15(7),
9,
11,
12
|