2007 PLP 1872 (SCMR)
Mst. NAGHAT NASEEM — Petitioner Versus PAKISTAN EMPLOYEES' COOPERATIVE HOUSING SOCIETY and others — Respondents
| Citation | 2007 PLP 1872 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas and Hamid Ali Mirza, JJ |
| Parties | Mst. NAGHAT NASEEM — Petitioner Versus PAKISTAN EMPLOYEES' COOPERATIVE HOUSING SOCIETY and others — Respondents |
| Primary Law | (b) Constitution of Pakistan (1973), (a) Abandoned Properties (Taking Over and Management) Act (XX of 1975) |
Q1: What are the key laws and sections cited in 2007 PLP 1872 (SCMR)?
This judgment primarily cites: (b) Constitution of Pakistan (1973), (a) Abandoned Properties (Taking Over and Management) Act (XX of 1975) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1872 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas and Hamid Ali Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1872 (SCMR) (Mst. NAGHAT NASEEM — Petitioner Versus PAKISTAN EMPLOYEES' COOPERATIVE HOUSING SOCIETY and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Qadir Khan, Advocate Supreme Court and A. Aziz Khan Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Khalilur Rehman, Advocate-on-Record for intervener/applicant (in C.M.A. No.507-K of 2006).
Headnotes / Summary
(On appeal from the order of High Court, Sindh, Karachi, dated 10-5-2006 passed in Civil Petition No.1550 of 2005).
S. 2(a)(f)
Constitution of Pakistan (1973), Art.185(3)
Leave to appeal was granted by Supreme Court to examine the contention that the deceased in the present case, was neither a specified person within the meaning of S.2(a) and (f) of the Abandoned Properties (Taking Over and Management) Act, 1975 nor he ever migrated to Bangladesh as for all practical purposes he lived all along at Karachi; held Pakistan nationality and passport and died in London as-was evident from record.
Art. 185(3)
Petition for leave to appeal to Supreme Court
Application seeking impleadment as party on the premise that applicants had purchased the property involved in the petition from respondent through registered sale-deed
Applicant was neither a party on the proceedings to the decree nor in the constitutional petition before the High Court and he had purchased the property during pendency of litigation, it was neither, therefore, found necessary by the Supreme Court to implead him as party to the proceedings. Khalilur Rehman, Advocate-on-Record for intervener/applicant (in C.M.A. No.507-K of 2006).
Judgment & Decree
RANA BHAGWANDAS, J.
Petitioner is aggrieved by Sindh High Court order dated 10-5-2006 whereby her writ petition, seeking enforcement of High Court decree, dated 12-4-1972 passed in Suit No.104 of 1972 was sought to be enforced against the respondents.
2. Petitioner Claims to be the owner of Plot No.301-C measuring 105 square yards situated in Central Commercial Area, P. E.C.H. Society, Karachi on the basis of decree, dated 12-4-1972 making' award of the sole Arbitrator a rule of the Court, which appears to be a family settlement and arrangement by consent amongst the petitioner and other legal heirs of deceased Muhammad Siddique Chawla, who died in London on 28-11-1969. '
3. High Court has non-suited the petitioner on the simple ground that she has claimed Plot No.301-C whereas the decree at Serial No.7, page 46 of the paper, incorporates Plot No.105 worth Rs. 17,325 having been given to the petitioner.
4. Learned counsel has urged., that in the list of properties in, the decree at page No.45 of the paper book Plot No.301 measuring 105 square yards valued Rs.17,325 is expressly mentioned and the High Court suffered from misreading of record by heavily relying upon contents of para.VII of the decree at page 46 of the paper book. On merits, it is urged that late Muhammad Siddique Chawla was neither a specified person within the meaning of section 2(a) and (f) of the Abandoned Properties (Taking Over and Management) Act, 1975 nor even he ever migrated to Bangladesh as for all practical purposes he lived all along at Karachi, held Pakistan nationality and Passport and died in London as is evident from the record.
5. After hearing learned counsel for the petitioner, we are satisfied that a fit case for grant of leave is made out. We order accordingly. Operation of the impugned order shall remain suspended till the hearing of the appeal. C.M.A. No.507-K of 2006
6. Through this C.M.A. applicant Habibur Rehman seeks an order for impleadment as party to the C. P. L. A. on the premises that he has purchased the property involved in the petition from respondent No.2 Gohar Naeem Khan through registered sale-deed. As the petitioner was not a party in the proceedings to the decree as well as the writ petition before the High Court and he has purchased property during pendency of litigation, we do not find it necessary to implead him as party to the proceedings. His prayer is, therefore, rejected. M.B.A./N-9/SC Order accordingly.