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Petitioner: Mst. AQEELA HAI and others VS Respondent: PROVINCE OF SINDH through the Secretary Land Utilization Department and others
Court Name: Sindh High Court Judge(s): Muhammad Tasnim Title:Mst. AQEELA HAI and others vs PROVINCE OF SINDH through the Secretary
Land Utilization Department and others Case No.: Suits Nos. 209, 210, 211, 511, 512, 513, 514 and 515 of 2009 Date of Judgment:2010-06-16 Reported As: 2010 MLD 1180 Result: Applications allowed Judgment ORDER ' MUHAMMAD TASNIM, J.---Through this order I shall dispose of (1) C.M.A. No, 1468 of 2009 (Suit No, 209 of 2009) (2) C.M.A. No,1470 of 2009 (Suit No, 210 of 2009), (3) C.M.A No, 1472 of 2009 (Suit No,211 of 2009), (4) C.M.A. No, 3650 of 2009 (Suit No,511 of 2009), (5) C.M.A No, 3652 of 2009 (Suit No,512 of 2009), (6) C.M.A. No, 3654 of 2009 (Suit No,513 of 2009), (7) C.M.A. No, 3656 of 2009 (Suit No, 514 of 2009) and (8) C.M.A. No, 3658 of 2009 (Suit No, 515 of 2009) under Order XXXIX Rules 1 and 2 C.P.C. Whereby the plaintiffs have prayed for grant of interlocutory injunction against the defendants, their employees, officers, servants, agents, persons acting under or through them and their police force restraining them from interfering in the peaceful physical possession, use and enjoyment and construction of boundary wall around the suit property and further from dispossessing the plaintiffs therefrom or carrying out any construction of any nature over the suit property and/or establishing park or creating third party right, title or interest therein. Facts of Suit No,209 of 2009:-- 2. The plaintiff in Suit No,209 of 2009 claimed that she is owner and in physical possession of residential/commercial Plot No, 25/1, situated in Queens Quarters, Main Mai Kolachi Road, Keamari Town, Karachi, admeasuring 3-20 acres (Survey/Challta No,42 now 47 pursuant to sub-division plan, dated 11-9-2008) (hereinafter called the suit property). It is further claim of the plaintiff that she has purchased the suit property pursuant to registered lease/conveyance deed, dated 7th July, 2008 from one Omer Hayat Chohan son of Abdul Hakeem for a total sale consideration of Rs,8.75 million and plaintiff further claims to be in physical possession of the suit property. It is further claim of the plaintiff that predecessors in interest of the plaintiff Mst. Faiz Un Nissa Begum
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were claimants under the Evacuee Laws and were displaced persons in terms of Registration of Claim (Displaced Persons Act) 1956. ' It is further case of the plaintiff that on 5-5-1996 the Secretary (RS&EP), Board of Revenue Sindh, ordered the allotment vide allotment letter, dated 5-5-1996 through Deputy Commissioner, Karachi-West, allowed the allotment of 25-00 acres of land in Queens Quarters, Southern Bye-Pass, to the claimant and directed mutation of the claimant's name in the record of rights. It is further claim of the plaintiff that vide letter, dated 28-10-1996 the Defendant No,1 directed the Deputy Commissioner, Karachi-West, to implement the orders passed earlier in respect of claimant and entered her name in the record of rights. It is further claim of the plaintiff that the order was not implemented, claimant filed C.P. No,D-1315 of 1997 before this Court. The said petition was disposed of by consent on 7-7-1997. An application under section 12(2), C.P.C. For recalling of order, dated 7- 7-1997 was filed by defendant No, 1 on 28-10-1998. On such application Court had ordered that no third party right shall be created. On 19-11-1998 the counsel for petitioner made a statement before the Court that prior to the passing of the orders third party rights had already been created. In compliance of Court order the list of new purchasers was directed to be filed vide order, dated 24- 11-1998 and such list was filed in Court. Finally, the application under section 12(2), C.P.C. Was disposed by order, dated 12-12-2001. Against the aforesaid order C.P.L.A. No, 1841 of 2001 was filed before the Hon'ble Supreme Court of Pakistan wherein the orders passed by the High Court on 12- 12-2001 were suspended. It is further case of the plaintiff that thereafter predecessor in interest of the plaintiff filed an application before the Hon'ble Supreme Court of Pakistan being C.M.A. No,1674 of 2001 and the Hon'ble Supreme Court of Pakistan vide order, dated 12-7-2001 passed order against the defendants/respondents for implementation of order, dated 19-11-1998 of the High Court of Sindh. The order of Hon'ble Supreme Court of Pakistan was complied with and report compliance was made to the Hon'ble Supreme Court of Pakistan. It is further case of the plaintiff that Omer Hayat Chohan the other two partners of Messrs IBBT applied to the District Officer (Revenue), CDGK, for sub-division of an area of 25-00 acres, Queen Quarters, Keamari Town, Karachi. The DO (Revenue), allowed the sub-division of said 25-00 acres of land through order, dated 1-8-2006. The name of Omer Hayat Chohan was entered into Survey Register/Form-II, as Survey/Challta No,43, previous Entry No,39 in respect of 25-00 acres of land. It is further case of the plaintiff that Omer Hayat Chohan obtained NOC for sale in respect of his 5-00 acres of land out of 25-00 acres owned by other persons which was issued to him by the Mukhtiarkar (Revenue), Keamari Town, Karachi, on 2-7-2008. Omer Hayat Chohan sold the suit property to the present plaintiff through conveyance deed, dated 7th July, 2008. Form-II was duly issued in favour of plaintiff and Survey/Chalta No,47 was assigned. The property was mutated in the record of rights in favour of the plaintiff and vacant possession was handed over to her which is being enjoyed by the plaintiff. The plaintiff applied on 31-1-2009 to Mukhtiarkar (Revenue), Keamari Town, Karachi, for permission to construct boundary wall around the suit property. The Mukhtiarkar (Revenue) vide letter, dated 4-2-2009 granted the said permission for raising boundary wall around the suit property. 3. On or about 13-2-2009 certain persons allegedly the officers and employees of Defendants Nos. 2 and 3 along with police force including the S.H.O. Of the area came to the plaintiff's suit property and demolished the pillars erected thereon and attempted to trespass on the suit property and dispossess the plaintiff. The plaintiff resisted such illegal act on the part of KPT. In the circumstances the present suit was filed along with C.M.A. No,1468 of 2009. Facts of Suit No,210 of 2009:-- 4. The plaintiff in Suit No,210 of 2009 claimed that he is owner and in physical possession of residential/commercial Plot No,25/2, situated in Queens Quarters, Main Mai Kolachi Road, Keamari Town, Karachi, admeasuring 1-20 acres (Survey/Challta No,46) (hereinafter called the suit
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property). It is further claim of the plaintiff that he has purchased the suit property pursuant to registered lease/conveyance deed, dated 7th July, 2008 from one Omar Hayat Chohan son of Abdul Hakeem for a total sale consideration of Rs,3.75 million and plaintiff further claims to be in physical possession of the suit property. It is further claim of the plaintiff that predecessors in interest of the plaintiff Mst. Faiz Un Nissa Begum were claimants under the Evacuee Laws and were displaced persons in terms of Registration of Claim (Displaced Persons Act) 1956. It is further case of the plaintiff that on 5-5-1996 the Secretary (RS&EP), Board of Revenue Sindh, ordered the allotment vide allotment letter, dated 5-5-1996 through Deputy Commissioner, Karachi-West, allowed the allotment of 25-00 acres of land in Queens Quarters, Southern Bye-Pass, to the claimant and directed mutation of the claimant's name in the record of rights. It is further claim of the plaintiff that vide letter, dated 28-10-1996 the defendant No,1 directed the Deputy Commissioner, Karachi-West, to implement the orders passed earlier in respect of claimant and entered his name in the record of rights. It is further claim of the plaintiff that the order was not implemented, claimant filed C.P. No,D-1315 of 1997 before this Court. The said petition was disposed of by consent on 7-7-1997. An application under section 12(2), C.P.C. For recalling of order, dated 7- 7-1997 was filed by defendant No,1 on 28-10-1998. On such application Court had ordered that no third party right shall be created. On 19-11-1998 the counsel for petitioner made a statement before the Court that prior to the passing of the orders third party rights had already been created. In compliance of Court order the list of new purchasers was directed to be filed vide order, dated 24- 11-1998 and such list was filed in Court. Finally, the application under section 12(2), C.P.C. Was disposed of by order, dated 12-12-2001. Against the aforesaid order C.P.L.A. No,1841 of 2001 was filed before the Hon'ble Supreme Court of Pakistan wherein the orders passed by the High Court on 12- 12-2001 were suspended. It is further case of the plaintiff that thereafter predecessor in interest of the plaintiff filed an application before the Hon'ble Supreme Court of Pakistan being C.M.A. No, 1674 of 2001 and the Hon'ble Supreme Court of Pakistan vide order, dated 12-7-2001 passed order against the defendants/ respondents for implementation of order, dated 19-11-1998 of the High Court of Sindh. The order of Hon'ble Supreme Court of Pakistan was complied with and report compliance was made to the Hon'ble Supreme Court of Pakistan. It is further case of the plaintiff that Omer Hayat Chohan and the other two partners of Messrs IBBT applied to the District Officer (Revenue), CDGK, for sub-division of an area of 25-00 acres, Queen Quarters, Keamari Town, Karachi. The DO (Revenue), allowed the sub-division of said 25-00 acres of land through order, dated 1-8-2006. The name of Omer Hayat Chohan was entered into Survey Register/Form-II, as Survey/Chalta No,43, Previous Entry No,39 in respect of 25-00 acres of land. It is further case of the plaintiff that Omer Hayat Chohan obtained NOC for sale in respect of his 5-00 acres of land out of 25-00 acres owned by other persons which was issued to him by the Mukhtiarkar (Revenue), Keamari Town, Karachi, on 2-7-2008. Omer Hayat Chohan sold the suit property to the present plaintiff through conveyance-deed, dated 7th July, 2008. Form-II was duly issued in favour of plaintiff and Survey/Chalta No,46 was assigned. The property was mutated in the record of rights in favour of the plaintiff and vacant possession was handed over to him which is being enjoyed by the plaintiff. The plaintiff applied on 31-1-2009 to Mukhtiarkar (Revenue), Keamari Town, Karachi, for permission to construct boundary wall around the suit property. The Mukhtiarkar (Revenue) vide letter, dated 4-2-2009 granted the said permission for raising boundary wall around the suit property. 5. On or about 13-2-2009 certain persons allegedly the officers and employees of defendant No,2 came to the plaintiff's suit property and demolished the pillars erected thereon and attempted to trespass on the suit property and dispossess the plaintiff. The plaintiff resisted such illegal act on the part of KPT. In the circumstances the present suit was filed along with C.M.A. No,1470 of 2009. Facts of Suit No 211 of 2009:--
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6. The plaintiff in Suit No,211 of 2009 claimed that he is owner and in physical possession of Plot No,25/3, situated in Queens Quarters, Main Mai Kolachi Road, Keamari Town, Karachi, admeasuring 20 Guntas (Survey/Chalta No,44) (hereinafter called the suit property). It is further claim of the plaintiff that he has purchased the suit property pursuant to registered lease/conveyance deed, dated 7th July, 2008 from one Muhammad Riaz son of Bostan Khan for a total sale consideration of Rs,2.5 million and plaintiff further claims to be in physical possession of the suit property. It is further claim of the plaintiff that predecessors in interest of the plaintiff MA. Faiz Un Nissa Begum were claimants under the Evacuee Laws and were displaced persons in terms of Registration of Claim (Displaced Persons Act) 1956. It is further case of the plaintiff that on 5-5-1996 the Secretary (RS&EP), Board of Revenue Sindh, ordered the allotment vide allotment letter, dated 5-5-1996 through Deputy Commissioner, Karachi-West, allowed the allotment of 25-00 acres of land in Queens Quarters, Southern Bye-Pass, to the claimant and directed mutation of her name in the record of rights. It is further claim of the plaintiff that vide letter, dated 28-10-1996 the defendant No,1 directed the Deputy Commissioner, Karachi-West, to implement the orders passed earlier in respect of claimant and entered her name in the record of rights. It is further claim of the plaintiff that the order was not implemented, claimant filed C.P. No,D-1315 of 1997 before this Court. The said petition was disposed of by consent on 7-7-1997. An application under section 12(2), C.P.C. For recalling of order, dated 7-7-1997 was filed by defendant No,1 on 28-10-1998. On such application Court had ordered that no third party right shall be created. On 19-11-1998 the counsel for petitioner made a statement before the Court that prior to the passing of the orders third party rights had already been created. In compliance of Court order the list of new purchasers was directed to be filed vide order, dated 24-11-1998 and such list was filed in Court. Finally, the application under section 12(2), C.P.C. Was disposed by order, dated 12-12-2001. Against the aforesaid order C.P.L.A.,No,1841 of 2001 was filed before the Hon'ble Supreme Court of Pakistan wherein the orders passed by the High Court on 12-12-2001 were suspended. It is further case of the plaintiff that thereafter predecessor in interest of the plaintiff filed an application before the Hon'ble Supreme Court of Pakistan being C.M.A. No, 1674 of 2001 and the Hon'ble Supreme Court of Pakistan vide order, dated 12-7-2001 passed order against the defendants/respondents for implementation of order, dated 19-11-1998 of the High Court of Sindh. The order of Hon'ble Supreme 'Court of Pakistan was complied with and report compliance was made to the Hon'ble Supreme Court of Pakistan. It is further case of the plaintiff that Muhammad Riaz and the other two partners of Messrs IBBT applied to the District Officer (Revenue), CDGK, for sub-division of an area of 25-00 acres, Queens Quarters, Keamari Town, Karachi. The DO (Revenue), allowed the sub-division of said 25-00 acres of land through order, dated 1-8-2006. The name of Muhammad Riaz was entered into Survey Register/Form-II, as Survey/Chalta No,44, previous Entry No,39 in respect of 25-00 acres of land. It is further case of the plaintiff that Muhammad Riaz obtained NOC for sale in respect of his 2-20 acres of land out of 25-00 acres owned by other persons which was issued to him by the Mukhtiarkar (Revenue), Keamari Town, Karachi, on 2-7-2008. Muhammad Riaz sold the suit property to the present plaintiff through conveyance deed, dated 7th July, 2008. Form-II was duly issued in favour of plaintiff and Survey/Chalta No,44 was assigned. The property was mutated in the record of rights in favour of the plaintiff and vacant possession was handed over to him which is being enjoyed by the plaintiff. The plaintiff applied on 31-1-2009 to Mukhtiarkar (Revenue), Keamari Town, Karachi, for permission to construct boundary wall around the suit property. The Mukhtiarkar (Revenue) vide letter, dated 4-2-2009 granted the said permission for raising boundary wall around the suit property. 7. On or about 13-2-2009 certain persons allegedly the officers and employees of defendant No,2 came to the plaintiff's suit property and demolished the pillars erected thereon and attempted to
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trespass on the suit property and dispossess the plaintiff. The plaintiff resisted such illegal act on the part of KPT. In the circumstances the present suit was filed along with C.M.A. No,1472 of 2009. Facts of Suit No, 511 of 2009: 8. The plaintiff in Suit No,511 of 2009 claimed that he is owner and in physical possession of Plot No,25/4, situated in Queens Quarters, Main Mai Kolachi Road, Keamari Town, Karachi, admeasuring 1-00 acres (Survey/Chalta. No,44) hereinafter called the suit property). It is further claim of the plaintiff that he has purchased the suit property pursuant to registered lease/conveyance deed, dated 7th July, 2008 from one Muhammad Riaz son of Bostan Khan for a total sale consideration of Rs,2.5 million and plaintiff further claims to be in physical possession of the suit property. It is further claim of the plaintiff that predecessors in interest of the plaintiff Mst. Faiz Un Nissa Begum were claimants under the Evacuee Laws and were displaced persons in terms of Registration of Claim (Displaced Persons Act) 1956. It is further case of the plaintiff that on 5-5-1996 the Secretary (RS&EP), Board of Revenue Sindh, ordered the allotment vide allotment letter, dated 5-5-1996 through Deputy Commissioner, Karachi-West, allowed the allotment of 25-00 acres of land in Queens Quarters, Southern Bye-Pass, to the claimant and directed mutation of her name in the record of rights. It is further claim of the plaintiff that vide letter, dated 28-10-1996 the defendant No,1 directed the Deputy Commissioner, Karachi-West, to implement the orders passed earlier in respect of claimant and entered her name in the record of rights. It is further claim of the plaintiff that the order was not implemented, claimant filed C.P. No, D-1315 of 1997 before this Court. ' The said petition was disposed of by consent on 7-7-1997. An application under section 12(2), C.P.C. For recalling of order, dated 7-7-1997 was filed by defendant No,1 on 28-10-1998. On such application Court had ordered that no third party right shall be created. On 19-11-1998 the counsel for petitioner made a statement before the Court that prior to the passing of the orders third party rights had already been created. In compliance of Court order the list of new purchasers was directed to be filed vide order, dated 24-11-1998 and such list was filed in Court. Finally, the application under section 12(2), C.P.C. Was disposed by order, dated 12-12-2001. Against the aforesaid order, C.P.L.A. No,1841 of 2001 was filed before the Hon'ble Supreme Court of Pakistan wherein the orders passed by the High Court on 12-12-2001 were suspended. It is further case of the plaintiff that thereafter predecessor in interest of the plaintiff filed an application before the Hon'ble Supreme Court of. Pakistan being C.M.A. No, 1674 2001 and the Hon'ble Supreme Court of Pakistan vide order, dated 12-7-2001 passed order against the defendants/respondents for implementation of order, dated 19-11-1998 of the High Court of Sindh. The order of Hon'ble Supreme Court of Pakistan was complied with and report compliance was made to the Hon'ble Supreme Court of Pakistan. It is further case of the plaintiff that Muhammad Riaz and the other two partners of Messrs IBBT applied to the District Officer (Revenue), CDGK, for sub-division of an area of 25-00 acres, Queen Quarters, Keamari Town, Karachi. The DO (Revenue), allowed the sub-division of said 25-00 acres of land through order, dated 1-8-2006. The name of Muhammad Riaz was entered into ,Survey Register/Form-II, as Survey/Chalta No,44, Previous Entry No,39 in respect of 25-00 acres of land. It is further case of the plaintiff that Muhammad Riaz obtained NOC for sale in respect of his 2-20 acres of land out of 25-00 acres owned by other persons which was issued to him by the Mukhtiarkar (Revenue), Keamari Town, Karachi, on 2-7-2008. Muhammad Riaz sold the suit property to the present plaintiff through conveyance-deed dated 7th July, 2008. Form-II was duly issued in favour of plaintiff and Survey/Chalta No,49 was assigned. The property was mutated in the record of rights in favour of the plaintiff and vacant possession was handed over to him which is being enjoyed by the plaintiff. The plaintiff applied on 31-1-2009 to Mukhtiarkar (Revenue), Keamari Town, Karachi, for permission to construct boundary wall around the suit property. The Mukhtiarkar (Revenue) vide letter, dated 4-2-2009 granted the said permission for raising boundary wall around the suit property.
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9. On or about 13-2-2009 certain persons allegedly the officers and employees of defendant No,2 came to the plaintiff's suit property and demolished the pillars erected thereon and attempted to trespass on the suit property and dispossess the plaintiff. The plaintiff resisted such illegal act on the part of KPT. In the circumstances the present suit was filed along with C.M.A. No, 3650 of 2009. Facts of Suit No, 512 of 2009:-- 10. The plaintiff in Suit -No,512 of 2009 claimed that he is owner and in physical possession of Plot No,25/5, situated in Queens Quarters, Main Mai Kolachi Road, Keamari Town, Karachi, admeasuring 01-00 acre (Survey/Chalta No,44) (hereinafter called the suit property). It is further claim of the plaintiff that he has purchased the suit property pursuant to registered lease/conveyance deed, dated 7th July, 2008 from one Muhammad Riaz son of Bostan Khan for a total sale consideration of Rs,2.5 million and plaintiff further claims to be in physical possession of the suit property. It is further claim of the plaintiff that predecessors in interest of the plaintiff Mst. Faiz Un Nissa Begum were claimants under the Evacuee. Laws and were displaced persons in terms of Registration of Claim (Displaced Persons Act) 1956. It is further case of the plaintiff that on 5-5-1996 the Secretary (RS&EP), Board of Revenue Sindh, ordered the allotment vide allotment letter, dated 5-5-1996 through Deputy Commissioner, Karachi-West, allowed the allotment of 25-00 acres of land in Queens Quarters, Southern Bye-Pass, to the claimant and directed mutation of her name in the record of rights. It is further claim of the plaintiff that vide letter, dated 28-10-1996 the defendant No,1 directed the Deputy Commissioner, Karachi-West, to implement the orders passed earlier in respect of claimant and entered her name in the record of rights. It is further claim of the plaintiff that the order was not implemented, claimant filed C.P. No,D-1315 of 1997 before this Court. The said petition was disposed of by consent on 7-7-1997. An application under section 12(2), C.P.C. For recalling of order, dated 7-7-1997 was filed by defendant No,1 on 28-10-1998. On such application Court had ordered that no third party right shall be created. On 19-11-1998 the counsel for petitioner made a statement before the Court that prior to the passing of the orders third party rights had already been created. In compliance of Court order the list of new purchasers was directed to be filed vide order, dated 24-11-1998 and such list was filed in Court. Finally, the application under section 12(2), C.P.C. Was disposed by order, dated 12-12-2001. Against the aforesaid order C.P.L.A. No, 1841 of 2001 was filed before the Hon'ble Supreme Court of Pakistan wherein the orders, passed by the High Court on 12-12-2001 were suspended. It is further case of the plaintiff that thereafter predecessor in interest of the plaintiff filed an application before the Hon'ble Supreme Court of Pakistan being C.M.A. No, 1674 of 2001 and the Hon'ble Supreme Court of Pakistan vide order, dated 12-7-2001 passed order against the defendants/respondents for implementation of order, dated 19-11-1998 of the High Court of Sindh. The order of Hon'ble Supreme Court of Pakistan was complied with and report compliance was made to the Hon'ble Supreme Court of Pakistan. It is further case of the plaintiff that Muhammad Riaz and the other two partners of Messrs IBBT applied to the District Officer (Revenue), CDGK, for sub-division of an area of 25-00 acres, Queen Quarters, Keamari Town, Karachi. The DO (Revenue), allowed the sub-division of said 25-00 acres of land through order, dated 1-8-2006. The name of Muhammad Riaz was entered into Survey Register/Form-II, as Survey/Chalta No,44, previous Entry No,39 in respect of 25-00 acres of land. It is further case of the plaintiff that Muhammad Riaz obtained NOC for sale in respect of his 2-20 acres of land out of 25-00 acres owned by order persons which was issued to him by the Mukhtiarkar (Revenue), Keamari Town, Karachi, on 2-7-2008. Muhammad Riaz sold the suit property to the present plaintiff through conveyance deed, dated 7th July, 2008. Form-II was duly issued in favour of plaintiff and Survey/Chalta No,49 was assigned. The property was mutated in the record of rights in favour of the plaintiff and vacant possession was handed over to him which is being enjoyed by the plaintiff. The plaintiff applied on 31-1-2009 to Mukhtiarkar (Revenue), Keamari Town, Karachi, for permission to construct boundary wall around the suit property. The Mukhtiarkar (Revenue) vide
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letter, dated 4-2-2009 granted the said permission for raising boundary wall around the suit property. 11. On or about…
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