← All Case Highlights

Fateh Khan v Sher Khan,

YLR 2011 332 · Balochistan High Court

This Balochistan High Court judgment addresses a property dispute between Fateh Khan (appellant/defendant) and Sher Khan (respondent/plaintiff) over a shop in Muslim Bagh City. The plaintiff's father had inherited a share of property jointly owned with his brother, and had rented a shop to the defendant. When the defendant repeatedly sublet the shop without permission, the father sought eviction. During those proceedings, the defendant produced a 1990 sale agreement claiming he had purchased the property from the plaintiff. The Rent Controller accepted this and dismissed the eviction case, but the High Court later ruled that dispute over ownership should be resolved by a civil court. The plaintiff then sued for cancellation of the allegedly forged sale agreement, plus declaration and injunction. The trial court ruled in the plaintiff's favor, and the defendant appealed, arguing that a mere declaratory suit without seeking possession was not legally maintainable since the plaintiff was out of possession. The High Court rejected this argument, finding that the plaintiff never claimed ownership of the property (which belonged to his father) and therefore was not required to seek possession as additional relief. The court also found the defendant failed to prove the plaintiff had legal authority to sell the property, especially since the actual owner was alive when the agreement was allegedly made. The appeal was dismissed, though the plaintiff was directed to pay proper court fees. The case clarifies when declaratory suits are legally valid without seeking possession.

Read the full judgment →