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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD RAHMATULLAH through Attorney VS Respondent: SUB-REGISTRAR "T" DIVISION-II-A NOW SUB-REGISTRAR-I, CLIFTON TOWN, KARACHI and another
Court Name: Sindh High Court Judge(s): Amir Raza Naqvi Title:MUHAMMAD RAHMATULLAH through Attorney vs SUB-REGISTRAR "T"
DIVISION-II-A NOW SUB-REGISTRAR-I, CLIFTON TOWN, KARACHI and another Case No.: Suit No,Nil of 2014 Date of Judgment:2014-08-11 Reported As: 2015 CLC 1241 Result: Suit dismissed Judgment ORDER ' AMER RAZA NAQVI, J.--- This suit has been filed for declaration and cancellation of documents. The brief facts of the case are that plaintiff claimed that he had gifted the suit property to his father namely Muhammad Inayatullah Mehkri who died subsequent to the declaration of gift which according to such document annexed as annexure "B" to the plaint was completed in all respect, even according to para (2) of the plaint deceased had accepted the gift and taken over the possession of property vide above gift declaration. Office has raised objection to the maintainability of suit to the effect that how suit is maintainable against deceased Muhammad Inayatullah Mehkri. It is evident from the contents of plaint as well as annexure "B" that the gift was completed in all respect through a registered document. In my humble view that situation had created a vested right in favour of the other legal heirs of deceased who have not been made party to the present suit. In the above situation this suit in the present form is not maintainable and therefore is dismissed as not maintainable. However plaintiff is at liberty to file proper proceedings in accordance with law, subject to all just exceptions.