| Citation(s) |
|---|
| 2022 SLG 2397 2022 SLD 2397 2022 CLC 1098 |
Sindh High Court
Suit No. 240 of 1971 and C.M.A. No. 16697 of 2017, decidedon 13th October, 2021, Date of hearing: 13th October, 2021.
ZULFIQAR AHMAD KHAN, J
Yawar Farroqui for defendant No.8 along with Asad Ali and Samil Malik Khan.
Suit No. 240 of 1971 and C.M.A. No. 16697 of 2017, decidedon 13th October, 2021, Date of hearing: 13th October, 2021.
ZULFIQAR AHMAD KHAN, J
Yawar Farroqui for defendant No.8 along with Asad Ali and Samil Malik Khan.
HUSSAIN--PlaintiffvsMOHAMMAD ALI and others----Defendants
Law: Civil Procedure Code (V of 1908)
Section: 13
Civil Procedure Code (V of 1908)-------O.XX, R.13---Administration of property---Settlement---Creation of Trust---Predecessor-in-interest of plaintiff were Quaid-e-Azam Muhammad Ali Jinnah, Mohtarma Fatima Jinnah and Mohtarma Shireen Jinnah, who had left property in question---Effect---Proposal that property Qasr-e-Fatima was to be used for Medical College and Hospital, was supported by all parties including Government of Sindh---Parties present in Court suggested that property of Qasr-e-Fatima was unanimously decided to be used for the purpose it was left by Mohtarma Fatima Jinnah---Independent body was constituted which to include eminent philanthropist of the city---High Court directed Official Assignee to take over possession of the property and to make a list of all inventory present in the building and to take photographs of various parts of the building and submit a report--- High Court directed the office to communicate concerned persons to formulate the Trust--- High Court directed that amount available with office of High Court to be used as seed funds by new Trust for building Girls Medical College / Hospital at the premises in question---Government of Sindh also intended to participate in such a noble initiative and had no objection if the property would be used solely for the purpose of construction of building and operation of Medical College / Hospital exclusively for girls with residential facilities therein with regard to sums deposited by Provincial Government---Trust was formulated accordingly. ORDER ZULFIQAR AHMAD KHAN, J.----This suit was filed in the year 1971 as suit for administration to administer the estate left by predecessors of the plaintiffs being Quaid-e-Azam Mohammad Ali Jinnah, Mohtarma Fatima Jinnah as well as Mohtarma Shireen Jinnah. Schedule of properties to be administered was attached as annexure A available at pages 79 to 81. Those properties included: DEBTS: (1) The outstanding balance of the credit of current account No. 2355 of the deceased with Foreign Exchange Branch of Habib Bank Limited Karachi. Rs. 5,61,760.80/- (2) The outstanding balance to the credit of current account of the deceased with National and Grindlays…
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