2005 PLP 160 (YLR)
Mst. ASGHARI — Petitioner Versus PROVINCE OF SINDH and others — Respondents
| Citation | 2005 PLP 160 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Ata-ur-Rehman and Amir Hani Muslim, JJ |
| Parties | Mst. ASGHARI — Petitioner Versus PROVINCE OF SINDH and others — Respondents |
Q1: What are the key laws and sections cited in 2005 PLP 160 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 160 (YLR)?
The case was heard and decided by the Karachi bench comprising: Ata-ur-Rehman and Amir Hani Muslim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 160 (YLR) (Mst. ASGHARI — Petitioner Versus PROVINCE OF SINDH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Rafiq Ahmed for Petitioner.
Judgment & Decree
Masood A. Noorani, Addl. A.-G. Sindh. Date of hearing: 14th September, 2004. Through this petition the petitioner has prayed for the following reliefs:-- "That this Honourable may be pleased to direct the respondents to verify the Permanent Transfer Deeds issued regarding House No.G/174/42, G/174/52 and G/174/70 issued in favour of the Dhandoo the father of the petitioner under the Displaced Persons (Compensation and Rehabilitation) Act, 1958 and also issue direction to the respondents for verifying Permanent Transfer Deeds or any relevant document/ record required verification for the purpose of mutation of the name and also issue direction for granting Certified True copy of the documents of the record maintained by them under the Displace Persons (Compensation and Displaced Persons (Land Settlement) of 1958 Act." The petitioner's grievance is that he has approached the respondents for mutation of the P.T.D. in respect of the properties be and G/174/42, G/174/52, and G/172/70. According of the petitioner the title of the petitioner is neither defective nor any, objection has either been raised by the Settlement Department or by the Revenue Authorities but the mutation has be refused apparently on the ground that view of the Government instructions the Evacuee Property Wing has been wound up and all the functions of the Evacuee Property Department has been stopped. The relevant respondents therefore informed the petitioner that they would not be in a position to verify the correctness of the P.T.D. in question. The comments have been filed the Mukhtiarkar Latifabad in which he I also taken the same stand. The verification of a document is a right of the party and custodian in law is bound to verity it comparing the same with the origin record. The verification cannot be denied on the ground that the Evacuee Department has been wound up. In this regard this Court in C.P. No.D-64 of 2003 has directed the Department to mutate the record of the petitioner who had approached this Court with identical, prayers. We are also of the same view that mutation cannot be denied on such ground. We accordingly allow this petition in terms, of the order passed by this Court in C.P. No.D-63 of 2003. H.B.T./A-134/K Petition allowed.