2018 PLP 53 (CLCN)
Syed SHAHID HUSSAIN SHAH through Legal Representatives — Plaintiff Versus Syed SAJID HUSSAIN SHAH and 9 others — Defendants
| Citation | 2018 PLP 53 (CLCN) |
| Forum / Court | Sindh |
| Bench Members | Mahmood Ahmad Khan, J |
| Parties | Syed SHAHID HUSSAIN SHAH through Legal Representatives — Plaintiff Versus Syed SAJID HUSSAIN SHAH and 9 others — Defendants |
| Primary Law | ----Ss. 8 & 54--- Suit for partition, possession, account, mesne profit and injunction---Partition of property---Scope---Property in question was amenable to partition in law and fact---High Court observed that parties were unable to successfully deal with the subject property in accordance with the wish of the owner and the resulting acquisition of trust of the beneficiaries was absent and prima facie, the return/benefit obtained was not qualifying to a sense of reasonability---Property, as such was liable to be sold and proceeds thereof be distributed among the legal heirs of the owner in proportion prescribed by Sharia---Defendants were also the son and daughter of the deceased owner---High Court directed that preliminary decree for sale through the Nazir/Official Assignee of the court be drawn up for the subject property and be sold by way of public auction in accordance with the Rules---All the legal heirs would be entitled to match the highest bid coming forward and/or to improve the same, for which no specific notice would be required---Order accordingly. [Para. 5 of the judgment], Hassan Jafri for Defendants Nos. 6, 7 and 8., Syed Zahir Hussain Chishti for Defendant No. 4. |
Q1: What are the key laws and sections cited in 2018 PLP 53 (CLCN)?
This judgment primarily cites: ----Ss. 8 & 54--- Suit for partition, possession, account, mesne profit and injunction---Partition of property---Scope---Property in question was amenable to partition in law and fact---High Court observed that parties were unable to successfully deal with the subject property in accordance with the wish of the owner and the resulting acquisition of trust of the beneficiaries was absent and prima facie, the return/benefit obtained was not qualifying to a sense of reasonability---Property, as such was liable to be sold and proceeds thereof be distributed among the legal heirs of the owner in proportion prescribed by Sharia---Defendants were also the son and daughter of the deceased owner---High Court directed that preliminary decree for sale through the Nazir/Official Assignee of the court be drawn up for the subject property and be sold by way of public auction in accordance with the Rules---All the legal heirs would be entitled to match the highest bid coming forward and/or to improve the same, for which no specific notice would be required---Order accordingly. [Para. 5 of the judgment], Hassan Jafri for Defendants Nos. 6, 7 and 8., Syed Zahir Hussain Chishti for Defendant No. 4., [Case-law referred], Muhammad Asif Mufti for Plaintiff., Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 53 (CLCN)?
The case was heard and decided by the Sindh bench comprising: Mahmood Ahmad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 53 (CLCN) (Syed SHAHID HUSSAIN SHAH through Legal Representatives — Plaintiff Versus Syed SAJID HUSSAIN SHAH and 9 others — Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.