Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Disputed questions of title of property and possession thereof could not be entertained in such jurisdiction. Federation of Pakistan and 2 others v. Major (Retd.) Muhammad Sabir Khan PLD 1991 SC 476 ref. THIS JUDGMENT DELIVERED BY: SYED HASAN AZHAR RIZVI, J.- Above numbered three Constitutional Petitions, involving similar controversy, were heard together and dismissed vide our short order dated 22-2-2011. Concise relevant facts and reasons thereof read as under:- 2. The petitioner is a company carrying on business of assembling and manufacturing of Suzuki Automatic Vehicles. In order to create foreign investment in Pakistan the petitioner entered into a joint venture agreement dated 6-6-1982 with the respondent No.3. The respondent No.1, Karachi Port Trust, in addition to the schedule 'A' of Properties appended to Karachi Port Trust Act, 1886, developed industrial posts, in which Plots Nos.16, 20 and 21, are situated at West Wharf Industrial Area Karachi and not is the part of the harbour. The Plot No.16 (measuring 17,745 square yards) was allotted for a period of 25 years to Messrs Awami Autos Limited in the year 1975 vide registered Indenture of Lease registered on 8-8-1975, Plot No.20 (measuring 24,081.08 square yards) was given to Messrs Sindh Engineering (Pvt.) Ltd./respondent No.2 and Plot No.21 to Pak Autos, Republic Motors having an option to apply for and obtain a further tenure of 25 years of lease before the present lease expires. The leases of the subject plots were expired on 31-7-1998, 31-3-1998 and 30-9-1998 respectively. The petitioners requested the respondent No.1 to grant lease for a further period of 25 years. The petitioners further applied for the transfer of the plots in their names and for bifurcation of Plot No.16 into two plots measuring 9,525 sq. yards and 8,220 sq. yards. The respondent No.1 vide its letter dated 4-2-1995 available at, Page 313 intimated the petitioners that Plots Nos.16 and 20 West Wharf were allotted to Messrs Sindh Engineering Private Ltd. but it was learnt that these have been transferred to petitioners after…

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