Law: Constitution of Pakistan, 1973

Section: 199

Law: Specific Relief Act, 1877

Section: 39,42

  Summary: The petitioners, legal heirs of late Haji Muhammad Siddiq, challenged the judgment and decree dated 27.11.2025 passed by the Special Court for Cooperative Societies, Karachi, regarding ownership and transfer of a property. They alleged that the lease deed dated 21.09.2017 and subsequent transfers in favour of respondent No.4 were forged, illegal, and based on fraudulent documents. The respondents defended the transactions, claiming a valid registered chain of title and asserting that respondent No.4 was a bona fide purchaser. The Court observed that the trial court’s judgment contained contradictions, as it dismissed the main claims for maintainability while granting alternative relief of an alternate plot. The Court found that issues relating to title, fraud, validity of lease, and transfer documents required proper adjudication. Accordingly, the impugned judgment was set aside and the matter was remanded to the trial court for fresh decision on merits after proper appreciation of evidence. Sections Used: Article 199, Constitution of Pakistan, 1973 Section 39, Specific Relief Act, 1877 Section 42, Specific Relief Act, 1877 2 Two-Word Case Descriptions: Property Dispute Lease Cancellation O R D E R The petitioners had initially instituted Misc. Appeal No.179 of 2025, which was subsequently converted into Constitutional Petition No. D-924 of 2026 and placed before this Court for appropriate orders.   The petitioners seek to declare the judgment and decree dated 27.11.2025 as perverse and unlawful, alleging misreading and non-reading of evidence, and pray for its setting aside. They challenge the lease deed dated 21.09.2017 as forged and void, and contest subsequent transfers in favour of respondent No.4 as illegal and mala fide. Claiming ownership as legal heirs of late Haji Mohammad Siddiq, they seek cancellation of the lease and related documents, restoration of the property, permanent injunction against third-party interests or construction, and restraint against further transfers.   Learned counsel for the petitioners submits that, as legal heirs of late Haji Muhammad Siddiq, they are aggrieved by the judgment and decree dated…