Commander (R) MUHAMMAD RIAZ vs The CHIEF OF NAVAL STAFF, NAVAL HEADQUARTERS Ss — 2024 MLD 75 ISLAMABAD

Case information

Citation: 2024 MLD 75 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: MLD
Parties: Commander (R) MUHAMMAD RIAZ vs The CHIEF OF NAVAL STAFF, NAVAL HEADQUARTERS 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

Commander (R) MUHAMMAD RIAZ VS The CHIEF OF NAVAL STAFF, NAVAL HEADQUARTERS Ss.42 & 54---Suit for declaration and injunction---Inheritance, claim of--- Asset not available in lifetime of deceased---Appellant/plaintiff claimed his legal share in suit property left by his deceased son who died during service in Pakistan Navy---Suit filed by appellant/plaintiff was dismissed by Trial Court---Validity---There was no plot or house that was transferred or transferable to deceased during his lifetime as a service benefit---Deceased was not in a position to own or exchange a house or plot in Navy Housing Scheme during his lifetime---House in Navy Housing Scheme was transferable to deceased only after his retirement and not before---In case of a member's death, house was to be transferred to his widow in terms of clause 19 of the terms and conditions issued by Navy Housing Scheme---There was no question of inheritance, as deceased was not owner of any plot or house in Navy Housing Scheme at the time of his death---Terms and conditions issued by Navy Housing Scheme had a contractual force and it was on such basis that a house was allotted to respondent/widow of deceased and not to all his legal heirs---It was in fulfillment of the terms and conditions issued by Navy Housing Scheme that the suit property was allotted to respondent/widow of deceased officer---High Court declined to interfere in judgment and decree passed by Trial Court---Appeal was dismissed, in circumstances.

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