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Kausar Ali and another V. Javed Anjum and 6 others,

CLC 2018 1930 · Balochistan High Court

This case involves a property dispute in Quetta over a house originally owned by one Noor Zaman, who had two sons, Anjum Qazalbash and Ramzan Ali Qazalbash. Anjum gifted his half-share to his brother Ramzan Ali in 1982. Ramzan Ali later willed the entire property to his wife, Ruqayya Begum, who then sold it to Kausar Ali. After Anjum's death, his children (the plaintiffs) sued, claiming the original 1982 gift and subsequent transfers were illegal, and that they were entitled to a share of the property as legal heirs.

The trial court and the first appellate court both ruled in favor of the plaintiffs, cancelling the sale to Kausar Ali and awarding them a share of the property.

The Balochistan High Court overturned these decisions. It held that Anjum Qazalbash, the plaintiffs' father, never challenged the 1982 gift during his own lifetime, even though all the relevant property transfers happened while he was alive. The court ruled that since he did not dispute these transactions himself, his children could not later claim a right to challenge them after his death. The court found that the lower courts had misread the evidence and ignored this crucial timeline.

As a result, the High Court set aside the earlier judgments and dismissed the plaintiffs' suit entirely. This case reinforces an important legal principle: if a person directly affected by a property transfer does not contest it during their lifetime, their heirs generally lose the right to challenge it later.

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