GHULAM SAMADANI vs AKBAR KHAN Ss — 2021 CLC 944 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 944 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: GHULAM SAMADANI vs AKBAR KHAN Ss
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHULAM SAMADANI VS AKBAR KHAN Ss.39, 42 & 54---Constitution of Pakistan, Art.172(1)---Suit for cancellation of document, declaration and injunction--- Ownerless property---Plaintiffs/petitioners claimed to be owners in possession of suit property purchased by their predecessor-in-interest before Independence from a hindu owner---Suit was partially decreed in favour of plaintiff/petitioner and appeal was dismissed by Lower Appellate Court---Validity---Whereabouts of hindu owner were not known while neither plaintiff/petitioner nor defendants/respondents were having any entitlement either to retain possession or to seek declaration in any manner---Share of hindu (evacuee) owner was proved to be ownerless thus provision of Art.172 of the Constitution would come into play--- Neither of the parties was having any right or entitlement in disputed property and no one else known to Court was having any right or entitlement therein, except its recorded owner---Property in question stood escheated to the State under Art.172 of the Constitution---High Court directed Deputy Commissioner to initiate proceedings for taking steps for escheatment the hindu's property---Revision was dismissed, in circumstances.

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