| Case ID |
f9b14899-5e35-4f4a-a03c-84676dd44462 |
| Body |
View case body. Login to View |
| Case Number |
High Court Appeal No. 157 of 1996 |
| Decision Date |
Feb 11, 1997 |
| Hearing Date |
|
| Decision |
The appeal was allowed, overturning the previous order of rejection of the plaint by the learned Single Judge. The court emphasized the necessity of a thorough inquiry into the allegations of fraud raised by the appellant. The decision highlighted the importance of examining claims of fraud carefully, as such claims can invalidate transactions and proceedings. The case was remanded for further proceedings, ensuring that all evidence regarding the alleged fraud is considered. |
| Summary |
This case revolves around allegations of fraud in the context of property rights concerning a common open passage used by residents of Jillani Mansion, Karachi. The appellant, Abdur Rehman Khan, contended that the respondents unlawfully occupied this common space, which had been traditionally used for parking and access by residents for over 20 years. The core issue was whether the respondents had acquired rights over this space through fraudulent means, specifically through a disputed document allegedly issued by the Settlement Department in 1964. The Sindh High Court underscored the critical nature of fraud in legal proceedings, asserting that any transaction marred by fraud is considered voidable. The court's decision to allow the appeal emphasized the obligation of the judiciary to investigate any claims of fraud thoroughly, as it undermines the integrity of legal proceedings. This case serves as a vital precedent in property law, particularly concerning the rights of residents over communal spaces and the implications of fraudulent documentation in property transfers. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
WAJIHUDDIN AHMED,
SAWED SAEED ASHHAD
|
| Lawyers |
Abdul Majeed,
Khurshid Anwar Shaikh,
Ch. Muhammad Iqbal
|
| Petitioners |
ABDUR REHMAN KHAN
|
| Respondents |
Respondent No. 3,
MUHAMMAD ALTAF,
Ch. Muhammad Iqbal
|
| Citations |
1997 SLD 779,
1997 CLC 1260
|
| Other Citations |
Grindlay's Bank Limited v. Murree Brewery Company Ltd. PLD 1954 Lah. 745,
Muhammad Idris Khan v. Haji Erfanuddin PLD 1958 Dacca 132,
Mst. Izat and another v. Kadir Bux PLD 1959 Kar. 221,
Ahmad Khan and others v. Custodian of Evacuee Property, West Pakistan PLD 1963 (W.P.) Kar. 450,
Pakistan and others v. Roopchand and others PLD 1967 SC 479,
Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan PLD 1975 SC 331,
Siraj Din and others v. Amanullah Qureshi PLD 1980 SC 1,
Muhammad Baran and others v. Member (Settlement and Rehabilitation) PLD 1991 SC 691,
Mst. Fehmida Begum v. Muhammad Khalid 1992 SCMR 1908,
Lal Din and another v. Muhammad Ibrahim 1993 SCMR 710,
Hakim Bashir Ahmed v. The Government of Sindh 1984 CLC 3061,
Chief Administrative Officer v. Muhammad Maqsood 1989 SCMR 1462
|
| Laws Involved |
Contract Act (IX of 1872),
Civil Procedure Code (V of 1908)
|
| Sections |
17,
O. VII, R. 11
|