Citation Name: 2025 CLC 1860 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed ZAFAR IQBAL vs Sardar WALI KHAN Ss — 2025 CLC 1860 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 CLC 1860 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: CLC
Parties: Citation Name: 2025 CLC 1860 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed ZAFAR IQBAL vs Sardar WALI KHAN Ss
Subject matter: Criminal

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

Citation Name: 2025 CLC 1860 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed ZAFAR IQBAL VS Sardar WALI KHAN Ss. 8 & 54---Suit for possession and injunction---Illegal construction over the plot of the plaintiff---Plaintiff being registered owner of the plot in dispute claimed possession thereof on the ground that the defendant purchased the plot in dispute from a person, who was not actual owner of the same ---Validity---Subject property was leased in the favour of the plaintiff, however, admittedly, no cancellation had been sought of the said lease deed by the defendant---Candid admissions of the defendant sufficiently established that the said defendant had no right title over the subject property---After filing the suit, notices were issued to the defendants, thus, after receipt of the summons, they were aware of the pendency of the suit and execution of the lease deed in favour of the plaintiff and despite a lapse of over 05 years the defendants choose not to file any suit for declaration of his title or the cancellation of the said lease deed---Defendant had most candidly admitted that he was not in possession of any registered instrument, possession or allotment order either in his name or the name of his predecessor---High Court held that plaintiff was the owner of the subject property, thus, issues Nos.1 and 4 were answered in the affirmative and decided in favour of plaintiff---Chain of ownership emanating from the person, from whom the defendant purchased the subject plot, was defective, as the suit property was purchased from a person, who was not the owner of the same---Suit of the plaintiff was decreed in terms of prayer clauses (a) and (b) only, in circumstances.

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