NAJEEBUL HAQ vs WORKS COOPERATIVE HOUSING SOCIETY, LTD S — 2025 CLC 1472 KARACHI-HIGH-COURT-SINDH

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NAJEEBUL HAQ VS WORKS COOPERATIVE HOUSING SOCIETY, LTD S. 3---Unauthorized creation of trust and execution of trust deed without the consent and knowledge of owner---Validity---S. 3 of the Trusts Act, 1882, delineates a trust as an obligation annexed to property ownership, originating from a confidence reposed in and accepted by the owner for the benefit of another party---Respondent/society being owner of the property never consented to create the trust, which directly contradicted the fundamental premise of trust law, namely, the requisite consent and confidence between parties---Society, in its capacity as the original owner (or author of the trust), had no intention of establishing such an obligation, and the absence of its consent nullified the legitimacy of the trust deed. Citation Name: 2025 CLC 1472 KARACHI-HIGH-COURT-SINDHBookmark this Case NAJEEBUL HAQ VS WORKS COOPERATIVE HOUSING SOCIETY, LTD O. XV, R. 3---Suit for declaration, possession and mandatory injunction was decreed on the basis of legal issues---Plea of not framing of factual issues and not recording of evidence---Validity---During the pendency of suit appellants did not raise any objection nor expressed any desire to adduce evidence, rather, they argued the matter on legal issues---Although adducing evidence is a right of a party, yet the court cannot compel or drag a party to produce evidence---Wisdom behind enacting the provision of O.XV, R. 3, C.P.C., is to ensure early disposal of cases based on documentary evidence, thereby saving the court's precious time and avoiding unwarranted litigation---All the issues framed by the Trial Court were legal, which delved into the root of the subject matter and did not involve questions of fact, thus, objection of appellants qua non-framing of factual issues and non-recording of evidence was without any merit and the Court acted within the purview of O.XV R. 3, C.P.C., ensuring judicial efficiency and fairness---High Court Appeal was dismissed, in circumstances. Citation Name: 2025 CLC 1472 KARACHI-HIGH-COURT-SINDHBookmark this Case NAJEEBUL HAQ VS WORKS COOPERATIVE HOUSING SOCIETY, LTD First Sched., arts. 91, 120 & 142---Civil Procedure Code (V of 1908), O. I, Rr. 3 & 9---Specific Relief act (I of 1877), Ss. 42 & 55---Suit for declaration, possession and mandatory injunction---Unauthorized possession and creation of trust over amenity plot of respondent-society---Objections as to maintainability of suit on the points of limitation and misjoinder and non-joinder of necessary parties were raised by the appellants ---Validity---Primary or substantial reliefs sought by the appellants were the declaration of ownership and recovery of possession, while the cancellation of the trust deed was merely incidental or ancillary to the substantial reliefs, thus, art. 142 of the Limitation act, 1908 (act), was disregarded while computing the time as per art. 120 of the act, which provided a period of six years from the date of unauthorized possession of the subject property and gaining knowledge of the alleged trust deed, which was mentioned in the plaint as 06.02.1993 and as the suit was instituted on 29.10.1998, thus, the same was well within limitation---Secretary General and key office bearers of the trust were parties to the suit, which implied that the trust was indeed a participant in the proceedings and it fulfilled the judicial objective of ensuring that all necessary parties were before the court for effective and proper adjudication of the controversy---Objections as to limitation and misjoinder and non-joinder of parties were repelled and High Court appeal was dismissed, in circumstances.

NAJEEBUL HAQ vs WORKS COOPERATIVE HOUSING SOCIETY, LTD S — 2025 CLC 1472 KARACHI-HIGH-COURT-SINDH

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