214/1991 R.A (Civil Revision) Ameer Ahmed (Applicant) V/S Z.A. Khan (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 05-MAY-16
Specific Relief Act (I of 1877)--- ----S. 12----Constitution of Pakistan, Arts. 23 & 24---Suit for specific performance of agreement---Proof---Inordinate delay of 40/45 years in disposal of the suit---Effect---Provision as to/ protection of property---Plaintiff was tenant of the suit/evacuee property prior to transfer of the title/ownership of the property to the defendant, and after the property had been officially transferred to the defendant, the plaintiff had become a statutory tenant, for which reason the defendant had initiated eviction proceedings during pendency of the present suit, in which the Rent Controller had passed an eviction order and the appeal filed against the same had been dismissed---Both courts below, having elaborately discussed the material evidence, had found that the plaintiff in view of his own admitted documents had failed to prove execution of the agreement of sale---Statement of the marginal witness had been belied during recording of the evidence---Plaintiff had perpetuated his possession over the suit property during about 45 years of litigation---Plaintiff, who was mere occupant without any legal character, thus, had defeated the rights/entitlement of the defendant granted under Arts. 23 & 24 of the Constitution in the name of the litigation---Plaintiff and his sub-tenant had continued to be in possession of the suit property under the cover of the interim orders passed by the courts---In view of facts and circumstances of the case, there was no misreading and non-reading of the evidence or lack of any proper reasoning for dismissal of the suit and appeal---Plaintiff and other occupants of the suit property who had no legal character/entitlement over the suit property for 40 years could not have been allowed to retain possession of same even for one day---Final eviction orders against the plaintiff were also in field, the execution of which had been stayed in the proceedings of present petition---Defendant had lost track of the case only on account of inordinate delay and conduct of his counsel---High Court dismissed revision for perpetuating plaintiffs' possession over the suit property for over 40 to 45 years through frivolous litigation before the Settlement authorities, through civil suit and also on account of realizing rent during the litigation---High Court directed that suit property be taken over by Nazir of the Court (as the defendant was not present before the High Court) and rented out and also directed to locate the defendant or his legal heirs---High Court observed that not only the counsel of the parties but the Court had also contributed in the inordinate delay in disposal of the suit---Revision petition was dismissed with cost of Rs.3,00,000 in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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