43/2016 M.A. M/s. Idara-e-Noor-e-Haq through Sec. (Appellant) V/S Public at Large (Respondent)

43/2016 M.A. M/s. Idara-e-Noor-e-Haq through Sec. (Appellant) V/S Public at Large (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 11-MAR-20

Succession Act (XXXIX of 1925)--- ----Ss. 272, 269, 299, 300 & 384---Appeal---Probate, grant of---Ownerless property---Application for grant of probate under S.272 Succession Act, 1925, was filed by appellant but Trial Court dismissed the application---Validity---Once it was found that none was available to claim ownership of immovable property in question in his own right or by way of inheritance, such property should be treated as an ownerless property---Once Court was satisfied that the property was rendered ownerless, it was the duty of Court to protect it from being misappropriated or wasted or damaged---Court could appoint Curator under S.195 of Succession Act, 1925, to takeover possession of the property pending final determination of fate of proceedings---Court could have also taken prompt action under S.269 of Succession Act, 1925, for protection of such property---Jurisdiction of High Court under S.300 of Succession Act, 1925, was concurrent with District Judge in exercise of power under Succession Act, 1925---High Court appointed its official as a Curator to protect the property in question and directed him to take over the possession immediately---High Court declined to interfere in the order passed by Trial Court---Appeal was dismissed in circumstances. 1993 CLC 1552 ref.