| Citation(s) |
|---|
| 2017 SLG 2153 2017 SLD 2153 2017 YLR 661 |
Sindh High Court
C.P. No. D-215 of 2011, decision & hearing Dated: 17-03-2016.
NADEEM AKHTAR, JUSTICE, KHADIM HUSSAIN M. SHAIKH, JUSTICE
Ishrat Ali Lohar for Petitioner. Jhamat Jethanand for
Respondents Nos. 2 and 3. Nazeer Ahmed Bhatti for Applicants/Interveners.
C.P. No. D-215 of 2011, decision & hearing Dated: 17-03-2016.
NADEEM AKHTAR, JUSTICE, KHADIM HUSSAIN M. SHAIKH, JUSTICE
Ishrat Ali Lohar for Petitioner. Jhamat Jethanand for
Respondents Nos. 2 and 3. Nazeer Ahmed Bhatti for Applicants/Interveners.
ABDUL GHAFFAR
VS
PROVINCE OF SINDH THROUGH SECRETARY LOCAL GOVERNMENT AND 9 OTHERS
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Scope---Alternate remedy---Enforcement of agreement---Alternate remedy by way of filing suit for specific performance of agreement was available to the petitioner---Constitutional petition was not main-tainable in circumstances---Complicated questions of fact and law could not be determined while exercising constitutional jurisdiction---Such questions could only be determined by the competent court of jurisdiction on the basis of evidence to be adduced by the parties---Constitutional petition was dismissed in circumstances. Ijaz Hussain Suleri v. The Registrar and another 1999 SCMR 2381 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court--- Scope--- Constitutional jurisdiction could only be exercised when there was no other adequate remedy. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- Through this petition, the petitioner has sought for enforcement of settlement (agreement) allegedly arrived at between him and the respondent No. 8, whereby an alternate plot No. 194, admeasuring 2450 Sq. Ft. out of survey No. 165, Deh Gujo, situated in Municipal Truck Stand, Hala Naka Road, Hyderabad, city with its possession was allegedly agreed to be given to the petitioner by the respondent No. 8. 2. Briefly stated facts of the case are that a plot bearing No. 11, admeasuring 2040 Sq.Ft. situated in Prime Commercial Location in Municipal Truck Stand Hala Road, Hyderabad City was allegedly leased out to the petitioner and his brother Abdul Ghaffar by the Municipal Corporation Authorities, Hyderabad for 99 years and then the aforementioned plot was allegedly given to the petitioner by a family settlement said to have been arrived at between their family members; the petitioner alleged to have approached for an entry in the record of rights in his favour, which is in process; eight shops stated to have been constructed by the petitioner in the aforesaid plot No. 11, situated in prime commercial location, are on rent with different tenants; Constitutional Petition No. D-968 of 2010, earlier filed by the petitioner's brother namely Abdul Ghani, was…
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