Case Details

Citation(s)
2026 SLG 735 2026 SLD 735 = 2026 SHC 442 = 2026 SHC 494 = 2026 SHC 495
Sindh High Court
High Court Appeal No.72 of 1990
Presented By: Sana Akram Minhas, J
Appellants No.1 to 4:               1.    Mohamed Bana (since deceased) Shah Sultan Ismail Bana Malek Bana (since deceased) Through, Mr. Taha Abdus Samad, Ms. Vera Awais & Ms. Alishba Khan, Advocates Official
Respondents               Through, Mr. Sandeep Malani, Barrister No.1 to 3:                                 Assistant Advocate General, Sindh Private
Respondents No.4 to 8:                                 None appeared Date(s) of Hearing:                  5-11-2025, 20-11-2025 & 10-12-2025 Date of Decision:                          27-2-2026

( Mohamed Bana & Others

VS

. The Province of Sindh & Others )

Law:

Section:

Case Summary   Facts: Original Plaintiffs (private Respondents 4–8 and Appellants) filed a suit for declaration of title and injunction over 1280 acres of land in Deh Lal Bakhar, Karachi, claiming “Haq Qabza” (possessory title). They initially acquired 241-1 acres under Sale Deeds dated 1958 and 1960. Later, they attempted to claim an excess area of 1038-39 acres, relying on tenancy leases previously held by Kaderbux son of Jowrak Khan and a Compromise Decree in a 1962 suit. The Excess 1038-39 acres were disputed as government land, and the original compromise did not involve the State or co-lessees, nor did it cover the entire 1280 acres. Documents relied upon by Plaintiffs (Mukhtiarkar report, conveyance deeds, Compromise Decree) were found to be tampered or fabricated, or legally insufficient to create title. The Sale Deeds themselves legally conveyed only 241-1 acres, limiting the Plaintiffs’ claim. Contentions: Appellants argued that the Compromise Decree and Deputy Commissioner notices recognized their claim over the entire 1280 acres. Respondents argued that title to the excess area lacked legal basis, and the Plaintiffs’ claims relied on private agreements incapable of transferring state land or third-party rights. Court Findings: Excess area claims (1038–39 acres) could not be recognized, as: The Sale Deeds covered only 241-1 acres. Compromise Decree did not include the full 1280 acres, nor did it involve all lessees or the State. Key documents were fabricated or inconsistent. Tenancy rights of Kaderbux expired before the sale to Plaintiffs. Therefore, Plaintiffs could not claim title beyond the Sale Deed area. Underlying Suit dismissed with costs, remedy limited to 241-1 acres. Legal Sections / Principles: Land Acquisition Act, 1894 (procedural recognition of notices) Principles of Haq Qabza (possessory title vs. ownership) Validity of Compromise Decree and legal effect on title Limitations on claims based on private agreements over state or third-party land Two-Word Description: Possessory Title Land Dispute J U D G M E N T   This Appeal is directed against the Judgment and Decree dated 21.12.1989…
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