Memons

2014 S C M R 1059 [Supreme Court of Pakistan] Present: Tassaduq Hussain Jillani, Amir Hani Muslim and Ejaz Afzal Khan, JJ SHAHZADA MUHAMMAD ASLAM---Appellant Versus SOOFI WALI MUHAMMAD and others---Respondents Civil Appeals Nos.977 and 978 of 2006, decided on 17th December, 2013.             (On appeal against the judgment dated 24-3-2005 passed by the Lahore High Court, Multan Bench in C.R. No.590 and Writ Petition No.591 of 2000) (a) Pakistan (Administration of Evacuee Property) Act (XII of 1957) [since repealed]--- ----Ss. 20 & 21---Civil Procedure Code (V of 1908), S. 12(2)---Evacuee property exchanged with local Muslim---Change in status of property from evacuee to non-evacuee--- Confirmation by Custodian, requirement of---Subject shop was initially owned by a non-Muslim---Plaintiff, who was a Muslim, exchanged his original shop with the subject shop by way of a registered exchange deed---After such exchange revenue authorities changed status of subject shop

2015 Y L R 1051 [Sindh] Before Syed Saeeduddin Nasir, J PROVINCE OF SINDH through Secretary Ministry of Transport---Applicant versus MUHAMMAD RAFIQUE and 3 others---Respondents J.M. No.31 of 2014, decided on 30th October, 2014. (a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Limitation Act (IX of 1908), Art.181---Specific Relief Act (I of 1877), S.12---Suit for specific performance of contract---Application for setting aside of judgment/decree---Ingredients---Fraud, misrepresentation and want of jurisdiction, grounds of---Scope---Limitation---Condo-nation of delay---Auction of plot---Vested right of highest bidder---Scope---Respondent was declared as successful bidder in the auction on the "fall of hammer" in the terms and conditions of auction and was called upon to deposit 25% of the total bid money of the plot/property in question who paid the same---Right of seller of plot would be forfeited to reduce the size of said plot and/or withdraw the same

2016 C L C 248 [Lahore] Before Ali Akbar Qureshi, J ABDUL MAJEED and another----Petitioners Versus Mst. IRSHAD BEGUM and 10 others----Respondents C.R. No.1022 of 2007, heard on 23rd June, 2015. (a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), S.12(2)---Suit for declaration and perpetual injunction---Fraud and misrepresentation, proof of---General power of attorney---Scope---Arbitration agreement beyond power of attorney---Permissibility---Plaintiffs application under S.12(2) of C.P.C. and suit for declaration and perpetual injunction, were dismissed by both trial and appellate courts---Plaintiffs claimed that predecessor of defendants, being general power of attorney of their predecessor, had fraudulently and through misrepresentation transferred suit land in favour of his brother by obtaining decree on basis of arbitration award---Contention raised by plaintiffs was that said attorney was not empowered to enter into any ar

2016 C L D 984 [Sindh] Before Muhammad Faisal Kamal Alam, J Messrs SHAHTAJ TEXTILE LIMITED---Decree Holder Versus Messrs J&M CLOTHING CO. and others---Judgment Debtors Execution Application No.39 of 2015 and Judicial Miscellaneous Application No.62 of 2015 in Suit No. B-38 of 2013, decided on 23rd December, 2015. Civil Procedure Code (V of 1908)--- ----Ss. 12(2), 151 & O. XXI, Rr. 30, 58---Execution of decrees---Rival claims---Bank and private party laid their claim over mortgaged property for execution of decrees passed in their favour respectively---Validity---Burden was upon petitioner to demonstrate that judgment debtors and Bank played any fraud upon the Court and misrepresented facts---Neither judgment debtors nor Bank actively concealed any fact or misrepresented certain facts in such a fraudulent way which, had it not been made or done, would have not resulted in passing of compromise decree in favour of Bank---Element of fraud was not present---High Co