2015 PLP 1241 (CLC)
MUHAMMAD RAHMATULLAH through Attorney — Plaintiff Versus SUB-REGISTRAR "T" DIVISION-II-A NOW SUB-REGISTRAR-I, CLIFTON TOWN, KARACHI and another — Defendants
| Citation | 2015 PLP 1241 (CLC) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | MUHAMMAD RAHMATULLAH through Attorney — Plaintiff Versus SUB-REGISTRAR "T" DIVISION-II-A NOW SUB-REGISTRAR-I, CLIFTON TOWN, KARACHI and another — Defendants |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2015 PLP 1241 (CLC)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 PLP 1241 (CLC)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 1241 (CLC) (MUHAMMAD RAHMATULLAH through Attorney — Plaintiff Versus SUB-REGISTRAR "T" DIVISION-II-A NOW SUB-REGISTRAR-I, CLIFTON TOWN, KARACHI and another — Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 42
Suit for declaration against dead person
Office objection
Office raised objection that suit against dead person was not maintainable
Gift, in the present case, had been completed through a registered document which had created a vested right in favour of legal heirs of deceased who had not been made party to the suit
Suit in the present form (against dead person) was not maintainable which was dismissed
High Court observed that plaintiff would be at liberty to file proper proceedings in accordance with law.
Judgment & Decree
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. AG/M-163/Sindh Suit dismissed.