| Case ID |
fff2fa1e-36d1-499b-bcf9-5573d566a5f2 |
| Body |
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| Case Number |
Civil Suit No. 1295 of 1997 |
| Decision Date |
Dec 09, 1998 |
| Hearing Date |
|
| Decision |
The suit filed by Mst. Khadija Karim was rejected by the Sindh High Court. The court found that the suit was not maintainable as it was filed against official designations rather than legal or natural persons, violating the provisions of Order 1, Rule 3 of the Civil Procedure Code. Furthermore, the court held that the plaintiff could not claim ownership based on a mere agreement or an irrevocable power of attorney, as these do not confer legal title in immovable property. The court rejected the plaint under the provisions of section 42 of the Specific Relief Act, but allowed the plaintiff the option to file a fresh suit after rectifying the defects. |
| Summary |
In this case, Mst. Khadija Karim filed a suit in the Sindh High Court seeking a declaration of ownership for Flat No.C-12, Sunny View Apartment, Karachi, based on an agreement and an irrevocable power of attorney. The court, presided by Justice Shabbir Ahmed, rejected the suit as it was filed against official designations, which is not permissible under the Civil Procedure Code. Furthermore, the court held that a mere agreement or power of attorney does not confer legal ownership under the Transfer of Property Act and Specific Relief Act. The case references several precedents, including Secretary, B&R, Government of West Pakistan v. Fazal Ali Khan, reinforcing that only legal or natural persons can be sued. The decision highlights the importance of proper legal standing and adherence to procedural rules in property disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of West Pakistan,
H.B.F.C.,
M/s. Sunny Homes (Pvt.) Ltd.
|
| Judges |
Shabbir Ahmed
|
| Lawyers |
M. Irfan,
Jalil Hashmi,
Mehtab Ahmad
|
| Petitioners |
Mst. Khadija Karim
|
| Respondents |
Defendant No. 3,
Zia-ur-Rehman Khanzada
|
| Citations |
1999 SLD 1232,
1999 PLD 223
|
| Other Citations |
PLD 1971 Kar. 625,
AIR 1927 Bom. 521,
AIR 1960 Bom. 196,
AIR 1962 Cal. 283
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Transfer of Property Act (IV of 1882),
Specific Relief Act (I of 1877)
|
| Sections |
O.1, R.3,
O.VII, R.11,
S. 54,
S. 42
|