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Petitioner: Syed SALEEMUDDIN VS Respondent: PROVINCE OF SlNDH through Registrar Properties and 3 others
Court Name: Sindh High Court Judge(s): Maqbool Baqar, Abdur Rehman Faruq Pirzada Title:Syed SALEEMUDDIN vs PROVINCE OF SlNDH through Registrar Properties and
3 others Case No.: Constitutional Petition No,D-2071 and Miscellaneous No,9685 of 2008 Date of Judgment:2009-04-07 Reported As: 2010 YLR 372 Result: Order accordingly Judgment ORDER ' Mr. Syed Asif Imran, Advocate, files power on behalf of respondent No,3, Firdos Cooperative Housing Society; along with his power he also files parawise comments to the petition wherein it is specifically stated that respondent No,3 has no power to issue NOC as required by respondent No,2. Sub-Registrar, Liaquatabad Town. ' On Court's query, learned counsel further submits that the conveyance deeds in respect of open plots have been/are being registered by the concerned Registrar without any B' Lease which is issued only after construction has been raised on the plots. In response to the above, learned Addl. A.-G. Submits that since according to the concerned Society no "NOC" from them is required for registration of conveyance deed in respect of the Society's plot and further that B' Lease is only granted after construction has been raised on the plots and since the subject plot is merely an open plot bounded by a boundary wall only, the Registrar should not have objected the registration of the conveyance deed as he did. ' In the circumstances, we would dispose of the instant petition with directions to respondent No,2 to register the conveyance deed after fulfilling the required formalities without any further delay and would also warn him not to harass the people who come for registration of the documents on the flimsy grounds or else a very strict view of the matter shall be taken, if any further complaint comes to the knowledge of this court. Let a copy of this order be sent to the District Registrar, Karachi for his perusal and necessary action. ' Petition stands disposed of along with the listed application.