Law: Abandoned Properties (Management) Act, 1975

Section: 2(a),23

Law: Abandoned Properties (Management) Act, 1975

Section: 2(a),23

Law: Limitation Act, 1908

Section: 120

Specific Relief Act (I of 1877)-------S. 42--Abandoned Properties (Taking Over and Management) Act (XX of 1975), Ss.2(a) & 11---Limitation Act (IX of 1908), Art.120---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration and injunction---Auction of abandoned property by Government on "as is where is" basis---Acceptance of plaintiff's bid on 27-9-1999---Non­payment of 75% of bid money by plaintiff due to pendency of suit against government by an encroacher of suit plot---Plaintiff's suit filed on 7-4-2006 for declaring him as successful bidder of suit plot---Defendant's plea in written statement was that plaintiff through his letters had sought refund of paid amount, thus, suit was not maintainable---Validity---Plaintiff had participated in auction on "as is where is" basis, thus, he had knowledge about suit property occupied by encroacher---Title of suit property had never been in dispute, thus, plaintiff was not justified to stop payment of remaining bid money---Such letters admitted by plaintiff reflected his mind not to pay remaining bid money---Such act and conduct of plaintiff by addressing letters to defendant for refund of amount had disqualified him to maintain suit, which could not be decreed in his favour---Right to sue government having accrued to plaintiff when his bid was accepted, thus, suit was barred by time---Plaint in such suit was rejected under O.VII, R.11, C.P.C. S. M. Shafi Ahmed Zaidi through Legal Heirs v. Malik Hassan Ali Khan through Legal Heirs 2002. SCMR 338 and Ume Aiman and others v. Muhammad Yousuf and others 2002 CLC 1620 rel. Irfan Hassan for Plaintiff. S. Tariq Ali, Standing Counsel for Defendants. ORDER ARSHAD NOOR KHAN, J.--- By this order I intend to deal with the order passed by this Court dated 12-4-2006 whereby the plaintiff was directed to satisfy the Court on the point of limitation in filing of the suit. The case of the plaintiff as per plaint is that he participated in an open public auction on 21-8-1999 held by defendant No.2 for sale of property situated at Plot No.C/22, Al-Hilal Cooperative Housing Society, Karachi and he tendered bid at the rate of Rs.9,150 per sq. yards. which comes to an…

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