PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY vs Mrs — 2022 CLC 735 KARACHI-HIGH-COURT-SINDH

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PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY VS Mrs. UZMA MOINUDDIN art.17---Pakistan Defence Officers' Cooperative Housing Society Bye-Laws (1972)---allotment of plot---Respondent filed suit for declaration, injunction and compensation against appellant/Housing authority on the grounds that a residential plot was allotted to her father by appellant which was mutated in favour of his legal heirs after his demise; that legal heirs submitted documents for transfer of subject plot but society cancelled the same on the pretext that her father was earlier allotted a residential plot which he had sold and he was not entitled for second residential plot; that society issued show-cause notice which was challenged by respondent before the High Court which had directed the respondent to submit reply to such notice and in case the society would decide to reject the contention of respondent, society was restrained form cancelling the transfer till proper adjudication was done---Trial Court decreed the suit---appellant contended that father of the respondent was not entitled for second residential plot as per by-laws of the society, which was got allotted by concealing facts and violation of said bye-laws; that respondent had not vested right to independently claim any title in the property being bound to sink or swim with her deceased father; and that member was only entitled for one residential and one commercial plot and any allotment in violation of bye-laws was liable to be cancelled by Managing Committee---Validity---Subject plot was allotted to respondent's deceased father through ballot held on 22/02/1976----all legal heirs of deceased allottee submitted documents for transfer of the said plot, but the said transfer was not done by the society to respondent on the pretext that respondent's deceased father was allotted another residential plot in 1960---Trial Court thoroughly discussed all aspects of case including; non-production of original allotment order of alleged second plot in favour of deceased father by the society during trial; general power of attorney in favour of third person and subsequent sub-lease in name of the same; that payment of transfer charges of such plot were made at commercial rates instead of residential; and factual errors and lack of authenticity on part of society---Trial Court also thrashed out significant difference of signatures of the deceased father on the application form for allotment and the power of attorney and that deceased father did not figure in sub-lease and transfer order---Trial Court held that society failed to discharge the burden to prove that the respondent's late father got the allotment of suit plot without disclosing about existence of second plot in his name---Judgment of Trial Court showed that impugned cancellation letter was issued by the appellant without application of fair and judicious mind and without consideration of basic principles of law---No fair opportunity of hearing was provided to the respondent---Impugned letter was devoid of reasoning and grounds for cancellation of allotment---Society did not bring any substantial defect in appraisal of facts or any question of law having not been considered by the Trial Court---High Court appeal was dismissed accordingly.

PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY vs Mrs — 2022 CLC 735 KARACHI-HIGH-COURT-SINDH

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