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TRUSTEES OF PORT OF KARACHI vs MUHAMMAD ZAHIR SHAH Ss — 2024 CLC 1862 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1862 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
TRUSTEES OF PORT OF KARACHI vs MUHAMMAD ZAHIR SHAH Ss
Subject matter
Civil
Provisions referred to
S. 3---I; S. 3; Karachi Port Trust Act (VI of 1886); Law Reforms Ordinance (XII of 1972); Karachi Port Trust 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

TRUSTEES OF PORT OF KARACHI VS MUHAMMAD ZAHIR SHAH Ss. 42 & 54---Karachi Port Trust Act (VI of 1886),Ss. 3 & 25---Constitution of Pakistan, Art. 172---Law Reforms Ordinance (XII of 1972), S. 3---Intra Court Appeal---Ownerless land---Determination---Possession of Karachi Port Trust---Effect---Dispute was with regard to ownership of suit land claimed by respondents / plaintiffs---Validity---Vesting of lands in Board of Trustees of appellant / Karachi Port Trust, did not mean that the Board, either for the purposes mentioned in the statute or otherwise, was to be considered as "owner" of subject lands---There were two notifications, the prior one was dated 02-05-1940 and the subsequent was dated 05-10-1991---Notification of year 1940 was issued by the Government of India under S. 3 of Karachi Port Trust Act, 1886, whereas the subsequent one of year 1991 superseded the earlier one---None of the two notifications bestowed upon Karachi Port Trust any proprietary right nor empowered Karachi Port Trust to consider themselves as undisputed owner of subject lands---Karachi Port Trust was a statutory and regulatory body governed by statute and nothing else---Provisions of Karachi Port Trust Act, 1886 enabled it to deal with its affairs while remaining within the frame of the statute---Argument that Federal Government was empowered to take and demarcate port area was of no consequence as the rights of Karachi Port Trust were to be navigated within the scope of Karachi Port Trust Act, 1886---Division Bench of High Court declined to interfere in judgment and decree passed by Judge in Chambers of High Court, as Trial Court---Intra Court Appeal was dismissed in circumstances.

Other judgments reported in 2024 CLC

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