| Citation(s) |
|---|
| 2016 SLG 1980 2016 SLD 1980 2016 SHC |
Sindh High Court
R.A. No. 89 of 2008, 03/08/2016
MR., JUSTICE ZULFIQAR AHMAD KHAN, J
R.A. No. 89 of 2008, 03/08/2016
MR., JUSTICE ZULFIQAR AHMAD KHAN, J
Late Mirza Masood Ali Warsi & OthersVSMst. Bali Bai And Others
Law:
Section:
Keywords: Result: Petition dismissed JUDGMENT Zulfiqar Ahmad Khan, J.:- This judgment will dispose of the Revision Application filed against the Judgment passed in Civil Appeal No.184/2005 by the learned VIth Additional District Judge (East), Karachi filed by the Petitioners alleging that the impugned order is illegal and liable to be set aside on the ground that the learned Judge failed to appreciate the facts correctly as well as misapplied the law. Since the entire controversy revolves around legit ownership of House No.956, Pir Illahi Bux Cooperative Housing Society, Karachi ("the said property"), I as per my order dated 25.04.2016 sought original file available with the Respondent No.5 being the Honorary Secretary of Pir Illahi Bux Cooperative Housing Society, Karachi ("the Society"), which file was brought to the Court on 02.05.2016 and since been kept for appropriate examination of various documents and noting. I therefore find it prudent to read the facts in respect of the said property from the original file, rather than getting into the cross fire of false factual propositions placed before the Court by the rival sides. The said original file commences with a letter dated 27.09.1953 which is a request made by Mr. Munshi Muhammad Ibrahim for and on behalf of Mr. Abdul Hamid of Sarah Manzil, Room No.4, 4th floor, Hassasingh Advani Street, Karachi-3, for allotment of three feet wide land in front and 7 1/2 feet wide land in back of the Quarter No.956, situated in Block No.19 of Barrack No.4 in Pir Illahi Bux Cooperative Housing Society, Karachi-5, which was allotted to Mr. Abdul Hamid vide Allotment Receipt No.362 dated 04.07.1948. A perusal of the said letter shows that this request was made by Mr. Munshi Muhammad Ibrahim for and on behalf of Mr. Abdul Hamid. Hand-written comments on the said letter shows that payment of Rs.230/- was also made in respect of the said extra land allotted on 29.09.1953 and there are also comment thereon suggesting "he is shareholder of the society". Once this application was made by Munshi Muhammad Ibrahim for allotment of extra land behind Quarter No.956, the Secretary of the Society wrote a letter dated 13.01.1954,…