Case Details

Citation(s)
2026 SLG 738 2026 SLD 738 = 2026 SHC 283
Sindh High Court
C.P. No.D-6089 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 02.02.2026 Mr. Sardar Abdul Hameed advocate for the petitioner M/s. Umair Usman & Shahmeer Memon advocate for respondents No. 1 to 6 Mr. Ali Safdar Depar AAG, along with Ms. Humaira Jatoi, advocate.

(Abdul Majeed

VERSUS

Jawed Hameed & others)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Contract Act, 1872

Section: 201

Law: Specific Relief Act, 1877

Section: 39,42,54

Law: Code Of Civil Procedure, 1908.

Section: 9

Law: Sindh Cooperative Housing Societies Act, 2020

Section: 73,117,53

Case Summary: Abdul Majeed – Property Dispute Court: V-Senior Civil Judge / Special Court for Co-operative Societies, Karachi (West) Petitioner: Abdul Majeed Respondents: Legal heirs of deceased Mst. Jamila Khatoon Property: Plot No. 301, Category B-1, 520 sq. yards, Sindh Baloch Cooperative Housing Society, Karachi Nature of Case: Constitutional petition under Article 199 challenging the judgment of the Special Court regarding the cancellation of a conveyance deed executed under a revoked General Power of Attorney. Background: Deceased Mst. Jamila Khatoon executed a General Power of Attorney (GPA) in favor of Defendant No.1. The GPA was revoked via newspaper notice and legal intimation on 01.11.2018. Defendant No.1 allegedly executed a sale deed in favor of Abdul Majeed (Defendant No.2) after revocation and after Jamila Khatoon’s death (11.01.2019). Plaintiffs (legal heirs) filed Suit No.1287/2021 seeking: Cancellation of the sale deed Declaration of their legal entitlement to property Transfer/mutation in their favor Permanent injunctions to prevent unauthorized sale Petitioner’s Claim: Sale deed was lawful; GPA valid; trial court erred by denying fair hearing. Court lacked jurisdiction; impugned judgment illegal. Respondents’ Argument: Special Court has jurisdiction under Sections 73, 117, Sindh Co-operative Societies Act, 2020. GPA revoked; conveyance deed null and void. Doctrine of de facto authority applies; no irregularity in court procedure. Key Findings of Trial Court: GPA Revocation Valid: Publication in newspaper + intimation to Sub-Registrar sufficient. Sale Deed Invalid: No proof of consideration; fiduciary relation; transfer to close relative prohibited without consent. Legal Heirs Entitled: Upon death of Jamila Khatoon, inheritance opened under Muslim Personal Law. Jurisdiction Properly Exercised: Special Court empowered to decide disputes among society members/past members. Conveyance Deed Cancelled: Sale deed executed post-revocation and post-death is null, void ab initio. Sections/Legal Provisions Applied: Article 199, Constitution of Pakistan, 1973 – Constitutional petition Section 201, Contract Act, 1872 –…
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