1991 PLP 1183 (CLC)
NAZIR AHMED ‑‑‑ Appellant Versus THE DISTRICT JUDGE‑‑‑Respondent
| Citation | 1991 PLP 1183 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Syed Haider Ali Pirzada, J |
| Parties | NAZIR AHMED ‑‑‑ Appellant Versus THE DISTRICT JUDGE‑‑‑Respondent |
| Primary Law | Succession Act (XXXIX of 1925)‑‑‑ |
Q1: What are the key laws and sections cited in 1991 PLP 1183 (CLC)?
This judgment primarily cites: Succession Act (XXXIX of 1925)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1183 (CLC)?
The case was heard and decided by the Karachi bench comprising: Syed Haider Ali Pirzada, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1183 (CLC) (NAZIR AHMED ‑‑‑ Appellant Versus THE DISTRICT JUDGE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalid Lateef for Appellant.
Headnotes / Summary
‑‑‑‑ S.299 ‑‑‑ Appeal‑Appellant who was son of original allottee of plot in dispute and had been granted Letters of Administration after death of his father, sought permission to sell property on the ground that same was not fetching any return, but his request was not accepted ‑‑‑ Appellant fully proved that Property in dispute was not yielding any income and other beneficiaries also had no objection to the sale of property in question ‑‑‑ Held, there being no impediment in fetching proper price of property in dispute, ground for seeking permission for its sale was justified and there was no hitch in granting permission to sell the same‑‑‑High Court allowing appeal set aside order of Court below, granting necessary permission to appellant to sell property.
Judgment & Decree
Khalid Lateef for Appellant. This is an appeal directed against the order dated 26‑1‑1989 passed by the District Judge, Karachi East refusing to grant permission to sent plot in question. The facts leading to the riling of the above appeal are that the appellant's father was allottee of a plot of land bearing No.188‑L in Block 2, P.E. C.H.S. Ltd, Karachi. The appellant's late father had built a boundary wall and shed on the aforesaid plot of land with an iron gate for entry. The said plot was let out to one Ghulam Sarwar Malik on the monthly rental of Rs.150. The Letters of Administration were granted in favour of the appellant vide order dated 4‑5‑1973. The appellant sought permission to sell the property on the ground that the same is not fetching any return, therefore the appellant is constrained to sell the same. The application was dismissed by order dated 26‑1‑1989. 1 have heard Mr. Khalid Latif, Advocate and have perused the impugned order. The learned District Judge refused to grant permission as the plot was fetching paltry amount. In the instant case the property was let out to Ghulan Sarwar Malik on a monthly rental of Rs.
150. The appellant after obtaining Letters of Administration filed eviction proceedings against the said tenant which was allowed. The tenant went in appeal against the eviction order which was also dismissed. It is not in dispute that the writ of possession was executed and the possession of the plot was obtained in pursuance of writ of possession. The appellant s case as set out in the application was that the appellant has not derived any income from the aforesaid plot of land. The other beneficiaries have also no objection for the sale of the plot in question. I think that in the facts and circumstances of the cases, the appellant has made out a prima facie case for the grant of permission, as the plot is not fetching any income. It seems that there is no impediment in fetching proper price. In the circumstances of the case the ground for seeking permission is justified and there is no hitch in granting the same. I would accordingly allow the appeal set aside the impugned order of the learned District Judge and grant necessary permission to the appellant to sell the property. H.B.T./N-335/K Appeal allowed.