SHARIF AHMED QURESHI vs Wing Cdr — 2022 YLR 572 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 572 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: SHARIF AHMED QURESHI vs Wing Cdr
Subject matter: Civil
Provisions referred to: S. 24-A---S; S. 24-A; General Clauses Act (X of 1897); General Clauses Act

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

SHARIF AHMED QURESHI VS Wing Cdr. (R) MAZHAR MIRZA Ss. 12, 42 & 54---General Clauses Act (X of 1897), S. 24-A---Suit for specific performance of agreement to sell, declaration and injunction---Administration of justice---Transfer of title---No Objection Certificate from authorities---Plaintiff entered into agreement with defendant regarding purchase of suit property---Authorities were not issuing "No Objection Certificate" whereby sale deed could not be registered---Validity---Officials could not deprive plaintiff of his ownership rights and interest vis-à-vis suit property, when entire transaction was not disputed rather admitted by defendant as well as the authorities---Defendants also admitted that plaintiff was residing in suit property---If officials had issued "No Objection Certificate" in respect of cancelled sale transaction of suit property, earlier, then authorities could not withhold issuance of "No Objection Certificate" on any extraneous ground---Authorities did not even contest claim of plaintiff--- Government functionaries under S.24-A of General Clauses Act, 1897, had to act and exercise discretion in a reasonable, fair, just manner and for advancement of the purpose of enactment---Suit was decreed accordingly.

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