Law: Code of Criminal Procedure, 1898

Section: Order VII Rule 11,100

Law: Specific Relief Act, 1877

Section: 42

Law: Transfer of Property Act, 1882

Section: 54

Summary: The appellant filed a suit for Declaration, Possession, Cancellation of documents, Mesne Profit, and Injunction in respect of Plot No. L-182, claiming ownership based on payment and membership/allotment forms from a private association. The trial court rejected the plaint under Order VII, Rule 11, C.P.C. due to lack of registered or legally recognized title, and the appellate court upheld this decision. The appellant’s reliance on unregistered documents issued by a private association could not confer ownership or pre-existing legal character. Consequently, the Second Appeal under Section 100, C.P.C. was dismissed. Legal Basis / Sections Invoked: Order VII, Rule 11, C.P.C. – Rejection of plaint at the preliminary stage. Section 42, Specific Relief Act, 1877 – Declaratory relief requires pre-existing legal right. Section 54, Transfer of Property Act, 1882 – Validity of transfer of immovable property requires registration. Section 100, C.P.C. – Second appeal against appellate court’s judgment. 2 Two-Word Descriptions for Case: Property Dispute Plaint Rejection Order Sheet   This Second Appeal under Section 100 of the Code of Civil Procedure, 1908, is directed against the appellate judgment dated 20.01.2025, passed by the learned District & Sessions Judge, Malir, Karachi, in Civil Appeal No.145 of 2024, whereby the appeal preferred by the appellant was dismissed and the order dated 10.09.2024, passed by the learned IIIrd Senior Civil Judge, Malir, Karachi, in Civil Suit No.199 of 2024 was maintained, through which the plaint of the appellant’s suit had been rejected under Order VII Rule 11 C.P.C. A brief history of the case is that the appellant instituted a suit for Declaration, Possession, Cancellation of documents, Mesne Profits and Permanent Injunction in respect of Plot No.L-182, Category “A”, admeasuring 80 square yards, situated at Rashidi Goth, Block-9/A, Gulistan-e-Johar, Karachi. It was pleaded that the appellant purchased the suit property on 15.07.2015 from Respondent No.1, Secretary of Rashidi Goth Residents Welfare Association, for a consideration of Rs.200,000/- and was allotted…