DUR BIBI vs Syed SHAH MUHAMMAD Ss — 2023 CLC 1756 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 1756 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: DUR BIBI vs Syed SHAH MUHAMMAD Ss
Subject matter: Civil
Provisions referred to: S. 105---C; S. 17---S; S. 17; Property Act (IV of 1882); Civil Procedure Code (V of 1908); Property 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

DUR BIBI VS Syed SHAH MUHAMMAD Ss. 8, 42 & 54---Transfer of Property Act (IV of 1882), S. 105---Civil Procedure Code (V of 1908), S. 17---Suit for declaration, possession, partition and perpetual injunction---Leased property---Heritable asset---Scope---Appellants initiated a lawsuit seeking a declaration, possession, partition, and perpetual injunction against the respondents---Trial Court observed that one of the properties i.e. the property in question was located outside its territorial jurisdiction and belonged to the respondent landlord/lessor, making it non-inheritable property---Validity---Late predecessor of the appellants held a leasehold interest in the shop under consideration---Leased property was not only heritable by the legal representatives of a deceased lessee but also subject to partition among them---Section 105 of the Transfer of Property Act, 1882, states that a lease of immovable property involves transferring the right to enjoy such property in exchange for a price paid or promised, or other forms of consideration---Interest of a deceased lessee was inheritable and subject to partition---Ownership of the leased property, whether it belonged to a private individual, the government, or an autonomous body, did not alter these principles---Suit property fell within the territorial jurisdiction of the Trial Court and the court had jurisdiction to adjudicate the appellants' case concerning the property under S.17 of the C.P.C., therefore, the Trial Court's judgment was rendered with material illegality---Appeal was allowed, the challenged judgment and decree were set aside and the Trial Court was instructed to decide the suit on its merits.

Other judgments reported in 2023 CLC

2023 CLC 1510 QUETTA-HIGH-COURT-BALOCHISTANHAFEEZULLAH VS Dr. MUNIR AHMED Gift---Oral gift---Gift in favour of minor---Scope---Gift in favour of minor is not invalid if physical posse…
2023 CLC 685 QUETTA-HIGH-COURT-BALOCHISTANSHAHEEN ALAM VS Mst. BIBI SALMA (Widow) S.278---Petition for letters of administration---Scope---Administration suit in view of the Successi…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence S.1---Recovery of damages---Vicarious liability---Employe…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence Civil liability---Acquittal in criminal case---Effect---E…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION S. 114 & O. XLVII, R. 1---Review---Scope---Courts are vested with the…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION art.199---Constitutional jurisdiction---Factual controversy---Scope---…

Back to the case-law library · Search Pakistani case law in Urdu or English