| Citation(s) |
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| 2026 SLG 4483 = 2026 SLD 4483 = PLJ 2026 305 |
Islamabad High Court
C.R. Nos. 340 & 314 of 2025
Presented By: Mohsin Akhtar Kayani JUDGE
Barrister Adil Aziz Qazi, Mr. Muhammad Yasin Iqbal, Barrister Malik Talha Ahmad and Ms. Maimoona Mudassir, Advocates for Petitioners (in C.R. No. 340-2025). Mr. Babar Mumtaz, Advocate for Petitioner (in C.R. No. 314-2025). Mr. Babar Mumtaz, Advocate for
Respondent No. 1 (in C.R. No. 340-2025). Barrister Adil Aziz Qazi, Mr. Muhammad Yasin Iqbal, Barrister Malik Talha Ahmad and Ms. Maimoona Mudassir, Advocates for
Respondent No. 1 (in C.R. No. 314-2025). Ms. Iffra Muzammil Gondal, State Counsel. Date of hearing: 06.4.2026.
C.R. Nos. 340 & 314 of 2025
Presented By: Mohsin Akhtar Kayani JUDGE
Barrister Adil Aziz Qazi, Mr. Muhammad Yasin Iqbal, Barrister Malik Talha Ahmad and Ms. Maimoona Mudassir, Advocates for Petitioners (in C.R. No. 340-2025). Mr. Babar Mumtaz, Advocate for Petitioner (in C.R. No. 314-2025). Mr. Babar Mumtaz, Advocate for
Respondent No. 1 (in C.R. No. 340-2025). Barrister Adil Aziz Qazi, Mr. Muhammad Yasin Iqbal, Barrister Malik Talha Ahmad and Ms. Maimoona Mudassir, Advocates for
Respondent No. 1 (in C.R. No. 314-2025). Ms. Iffra Muzammil Gondal, State Counsel. Date of hearing: 06.4.2026.
Dr. IJAZ BASHIR and another--Petitioners
VERSUS
QAZI HUMAYUN and others--Respondents
Law: Specific Relief Act, 1877
Section: 42 , 54
Law: Qanun-e-Shahadat Order, 1984
Section: 117
Law: Code Of Civil Procedure, 1908.
Section: 92
Specific Relief Act, 1877 (I of 1877)-- ----Ss. 42 & 54--Islamabad Capital Trust Act, 2020 (XXV of 2020), S. 22--Limitation Act, 1908 (IX of 1908), Arts. 91 & 92--Trust--Appointment of trust--Validity--Trust deed--Board resolution--Registration of addendum--Quorum--Majority decision--Burden of proof--Knowledge of cause of action--Public trust--Suit for declaration--Cancellation of documents permanent injunction--Dismissed--Appeal--Allowed--Writ petition--Limitation--Cause of action--A mechanism regarding appointment of a Trustee in case of vacancy arising due to death, resignation, or any other cause--It provided that remaining Trustees should appoint a new Trustee, and if they fail to do so within a reasonable time, Court may appoint a Trustee in accordance with law--Quorum, majority, and lawful appointment are essential requirements for validity of any decision or resolution--Registration of instrument of trust is mandatory--Any subsequent amendment or appointment of trustees is required to be made through a resolution and thereafter through an addendum (deed of trust), as confirmed through Exh.DW1/6, duly registered with Joint Sub-Registrar, Islamabad, within mandate of Registration Act, 1908--Primary question raised in defence was that plaintiffs had no right to challenge appointments-- When a particular procedure had been provided and laid down in trust document, then no exception could be taken in any manner--If a declaration had to be awarded, then there might be a pre-existing right--Suit for declaration is not maintainable--For qualifying same, one has to necessarily prove that he has an existing right to particular property, that means a right without any deficiency and lacuna--Suit under Section 42 of Act of 1877 is not meant for rectification, but is for confirmation of existing complete right--Existence of a right is sine qua non for a declaratory suit under Section 42 of Act of 1877-- Execution and registration of trust instruments were collective responsibility of all trustees--Petition allowed. …