Law: Transfer of Property Act (IV of 1882)

Section: 108 , 199

  Transfer of Property Act (IV of 1882)--- ----S.108---Constitution  of  Pakistan  (1973),  Art. 199---Constitutional petition-- Rights and obligations of private parties---Determination of Constitutional petition---Competency---Facts alleged in Constitutional petition required determination of rights and obligations of private parties under and arising out of terms of lease deed between them---Such controversies could not be gone into in Constitutional petition but had to be determined on evidence in appropriate proceedings---Constitutional petition was, thus, not competent in circumstances. Cantonments Act (II of 1924)--- ----Preamble---Sindh Building Control Ordinance (V of 1979), S.7---Karachi Building and Town Planning Regulations, 1979, paras. 8, 10, & 11---Plot in question, was admittedly situated in Cantonment area---Provisions of Karachi Building and Town Planning Regulations would not apply to construction plan relating to such plot---As for construction plan, person who was lessee for long period can also apply approval of construction plan. Messrs Zeshan Builders v. Karachi Building Control Authority and 4 others 1992 MLD 2259 ref. Cantonments Act (II of 1924).   ----Preamble---Constitution on Pakistan (1973), Art. 199---Approval of construction plan on property which was leased out to lessee for long term--- No provision of Cantonments Act, 1924, prohibits approval of construction plan without consent of owner of plot. Khalil-ur-Rehman for Petitioners. Umar Qureshi for Respondents Nos.2, 3 and 4. Muhammad Ali Sayyed, Rao M. Shakir Naqshbandi and Farooq H. Naik for Respondent No.5. JUDGMENT KAMAL MANSUR ALAM, J.---By this the petitioners challenge the approval of plan by respondents Nos.3 and 4 for the reconstruction of petrol pump and allied structures on petitioner's, plot No. 217, E. I Lines situated on Dr. Dawood Pota Road, Saddar, Karachi, measuring about 1597 sq. yds. and seek to restrain respondent No.5 from undertaking construction in pursuance of the said plan. The aforesaid plot was initially leased out by the Military Estate Officer of Karachi Circle, the respondent No.4, to Mr. Dosa Bhoy Darabji…