2088/2024 Const. P. Dehli Hakiman CHS Ltd (Petitioner) V/S Province of Sindh & Others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
2088/2024 Const. P. Dehli Hakiman CHS Ltd (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 23-APR-26
It is observed that while property rights are protected under Articles 23 and 24 of the Constitution, the present matter involves disputed questions of fact, including alleged cancellation of lease in 1994 and lack of prior notice thereof, which can appropriately be adjudicated by the civil court. The question of limitation, raised, shall also be considered by the trial court on its own merits keeping in mid the background of the case. Accordingly, this Court cannot, in ??? exercise of jurisdiction under Article 199, declare the petitioner as exclusive lawful owner or grant possession. The petitioner is, therefore, at liberty to seek appropriate remedies before the competent civil court, which shall decide the matter independently in accordance with law. 12. Accordingly, while leaving all questions of fact and law open, and without touching the merits of the case, the petition along with pending application(s) is disposed of with the consent of parties, with liberty to the Petitioner to approach the competent Civil Court/any other legal forum for appropriate relief.