2007 PLP 2389 (YLR)
GHULAM ALI FADOO and 4 others — Plaintiffs Versus PUBLIC AT LARGE — Defendant
| Citation | 2007 PLP 2389 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mrs. Qaisar Iqbal, J |
| Parties | GHULAM ALI FADOO and 4 others — Plaintiffs Versus PUBLIC AT LARGE — Defendant |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2007 PLP 2389 (YLR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 2389 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mrs. Qaisar Iqbal, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 2389 (YLR) (GHULAM ALI FADOO and 4 others — Plaintiffs Versus PUBLIC AT LARGE — Defendant). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ---S. 92---Suit seeking to settle the Scheme of Trust for Charitable Purposes for Better Administration of the Trust---Necessary permission had been sought by the plaintiff _ from the office of the Advocate General, before filing the suit, notices were issued to public at large and no objection had been received from any quarter---No impediment being there, suit of the plaintiff was decreed to settle Scheme of the Trust for Charitable Purposes for Better Administration of the Trust in terms of prayer in the suit---No one having appeared to contest the case of the plaintiff, cost was not awarded.
- 92. Public Charities. (1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate General, or two or more persons having an interest in the trust and having obtained the consent in writing of the Advocate General, may institute a suit, whether contentions or not, in the principal Civil Court of original jurisdiction or in any other Court empowered that behalf by the Provincial Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate, to obtain a decree:-
- It appears that necessary permission has been sought by. the plaintiff from the office of Advocate General, before filing the suit notices were issued to public at large but no objection has been received f from any corner. Since there is no impediment therefore the suit of the plaintiff is decreed to settle Scheme of the Trust for charitable purposes for better administration of the Trust in terms of prayer. Since none has appeared to contest the case raised by the plaintiff therefore cost is not awarded.
Headnotes / Summary
S. 92
Suit seeking to settle the Scheme of Trust for Charitable Purposes for Better Administration of the Trust
Necessary permission had been sought by the plaintiff _ from the office of the Advocate General, before filing the suit, notices were issued to public at large and no objection had been received from any quarter
No impediment being there, suit of the plaintiff was decreed to settle Scheme of the Trust for Charitable Purposes for Better Administration of the Trust in terms of prayer in the suit
No one having appeared to contest the case of the plaintiff, cost was not awarded. Naveedul Haq for Plaintiffs. Nemo for Defendant.
Judgment & Decree
MRS. QAISAR IQBAL, J.
The plaintiff has resorted to file suit under section 92 of code of civil procedure 1908, seeking to settle the Scheme of Trust for Charitable Purpose for better administration of the trust. Precisely the facts leading to the case are that plaintiff being Trustee of the Trust namely Ghulam Hussain Khalikdina Trust (herein after referred to as the Trust) established by late Ghulam Hussain Khalkana Khoja for charitable purposes vide will dated June 17, 1897 and probate dated August 15, 1899 having its office at 2-GK-4 Paria Street, Kharadar, Karachi. Statement has been filed by the Trustee and the Honorary Secretary to Trust dui) authorized by the plaintiffs. Trust was established for the purpose of providing charities, imparting education to the boys and girls of the Khoja Community by establishing a girls school and assistance in education for boys and girls of the community by granting scholarships, providing books and other related materials for education, providing healthcare for the members of the Khoja Community, general charity and welfare for deserving members of the Khoja Community and other welfare purpose. The plaintiff in order to carry out purpose of Trust owned and acquired following properties listed herein?below:- (1)? Plot No.21, Street No.FT.2 Frere Town Quarter, Karachi, measuring 4332 Square Yards, situated in Frere Town, Karachi along with construction thereon ("Property 1"). (2)? Plot No.1-5, Survey No. 18 Old C?ffton Quarters, Karachi measuring 1631 Square Yards situated in Clifton Quarters, Karachi ("Property 2"). (3)? Plot No.2-GK-4, Paria Street Kharadar, Karachi along with construction thereon ("Property 3"). (4)? Plot No.17-GK-4, Kassirn Hamir Street, Kharadar, Karachi along with construction thereon ("Property 4"). (5)? Plot No. 23-GK-4, Kassim Hamir Street, Kharadar, Karachi along with construction thereon ("Property 5"). (6)? Plot No. 55-56-GK-4, Adamjee Dawood Road, Kharadar, Karachi along with construction thereon ("Property 6"). (7)? Plot No. 50-GK-4, Kassim Hamir Street, Kharadar, Karachi along with construction thereon ("Property 7"). (8)? Plot No. 46-GK-4, Machi Miani Road No.2, Kharadar, Karachi along with construction thereon ("Property 8"). (9)? Plot No. 27-OT-8, Charidu Mukhi Lane, Old Town Quarters, Mithadar, Karachi along with construction thereon ("Property 9"). (10)??????????? Plot No. 53-OT-8, Adamjee Dawood Road, Old Town Quarters, Mithadar, Karachi along with construction thereon ("Property 10"). (11)??????????? Plot No. 3-NP-6, Napier Quarters, Kamal Gal', Lea Market, Karachi along will construction thereon ("Property 11"). (12)??????????? Plot No. 38-NP-6, Napier Quarters, Kamal Gali, Lea Market, Karachi along with construction thereon ("Property 12"). (13)??????????? Plot No. 98-NP-14, Napier Quarters, Juna Market, Karachi along with construction thereon ("Property 13"). (14)??????????? Plot No. LY 13, 155-156 A, Lyari Quarters, Lea Market, Karachi along with construction thereon ("Property 14"). (15)??????????? Plot No. 53-RS-4, Mesham Lea Road, Ramswamy Quarter, Karachi along with construction thereon ("Property 15"). (16)??????????? Plot No.?????????? 12-SB-5, Zaibunissa Street Saddar, Karachi along with construction thereon ("Property 16"). It is borne out from the record that the property No.3 is used by the plaintiff as office of the Trust and dispensary under the name and style of Ghulam Hussain Khalikdina Trust Dispensary for providing healthcare for the members of the Khoja Community whereas in Property No.6 a school has been established under the name and style of Ghulam Hussain Khalikdina Girls School and Properties Nos.l, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 since acquisition are rented to various tenants and the rental income of these trust properties are used for charitable purposes of the Trust. The plaintiff has unanimously resolved in the meeting held on March 18, 2006 that a scheme be settled for the administration of the Trust annexed along with the plaint as annexure 'F' for better administration. Mr. Naveedul Haq learned. counsel for plaintiff has invited my attention to. section 92 of the Code of Civil Procedure which reads as rider:-
92. Public Charities. (1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate General, or two or more persons having an interest in the trust and having obtained the consent in writing of the Advocate General, may institute a suit, whether contentions or not, in the principal Civil Court of original jurisdiction or in any other Court empowered that behalf by the Provincial Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate, to obtain a decree:- (a)? removing any trustee; (b)? appointing a new trustee; (c)? vesting any property in a trustee; (d)? directing accounts and inquiries; (e)? declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust; (f)?? authorizing the whole or. any part of the trust property to be let, sold, mortgaged or exchanged; (g)? setting a scheme; or (h)? granting such further or other relief as the nature of the case may require. (2) Save as provided by the Religious Endowments Act, 1863 (XX of 1863), no suit claiming any of the reliefs specified in subsection (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with ? the provisions of that subsection." It appears that necessary permission has been sought by. the plaintiff from the office of Advocate General, before filing the suit notices were issued to public at large but no objection has been received f from any corner. Since there is no impediment therefore the suit of the plaintiff is decreed to settle Scheme of the Trust for charitable purposes for better administration of the Trust in terms of prayer. Since none has appeared to contest the case raised by the plaintiff therefore cost is not awarded. M.B.A./G-19/K?????????????????????????????????????????????????????????????????????????????????????????????? Suit decreed.