RASHID AHMAD vs FEDERATION OF PAKISTAN through Secretary, Ministry of Communication (Communication Division), Islamabad and anothers
This petition for leave to appeal challenged a Lahore High Court judgment that dismissed a revision petition, thereby upholding a trial court's order rejecting the petitioner's plaint under Order VII Rule 11 of the Code of Civil Procedure 1908. The petitioner, an occupant of a flat in Lahore, had filed a suit challenging the validity of a 1963 sale deed in favor of the National Bank of Pakistan, claiming entitlement to the property under a Federal Government scheme for 'enemy property' allegedly acquired after the 1965 war. The core legal question was whether the petitioner had a valid cause of action to challenge the title of the respondent bank. The Supreme Court affirmed the High Court's finding that the property in question was never declared or treated as 'enemy property' by the Custodian of Enemy Properties, as it had vested in the respondent bank prior to the 1965 conflict. Furthermore, the petitioner admitted to never applying for transfer under any relevant scheme. Consequently, the Court held that the petitioner lacked a cause of action, justifying the rejection of the plaint at the inception to prevent fruitless litigation.
- Does an occupant of property have a cause of action to challenge a sale deed if the property was never declared 'enemy property'?
- Is a trial court justified in rejecting a plaint under Order VII Rule 11 of the Code of Civil Procedure 1908 when the plaintiff lacks a valid cause of action?
- Can a claim for transfer of property under an 'enemy property' scheme be maintained if the property was not treated as such by the Custodian of Enemy Properties?
- Order VII Rule 11, Code of Civil Procedure 1908
ORDER
' KHALIL-UR-REHMAN KHAN, J.---This petition is directed against the judgment of the Lahore High Court, Lahore, dated 31-10-1996 whereby the revision petition filed by the petitioner alongwith other revision petitions was dismissed maintaining the order passed by the learned Civil Judge rejecting the plaint under Order VII Rule 11 C.P.C.
2. The petitioner who is statedly occupant of Flat No,7 of property commonly known-as S-19-R-57 Mclagan Road, Lahore, filed a suit challenging the vires of the sale-deed dated 29-6-1963 whereby the property was purchased by National Bank of Pakistan respondent No,2/defendant, and claimed that he was entitled to transfer of the property.
3. Learned counsel for the petitioner submitted that the aforesaid property was declared 'enemy property' after the war of September, 1965 and under a Scheme issued by the Federal Government, the petitioner is entitled to seek transfer of the Flat in his possession.
4. Learned Judge of the High Court, after perusing various documents and the applicable laws recorded the conclusion that the property which originally belonged to Punjab Bank ceased to be the property of the said Bank and vested in the respondent Bank much before 6-9-1965 when India attacked Pakistan. The said property was neither part of the 'enemy property' nor was treated as such by the Custodian of Enemy Properties at any point of time. The learned Judge further held that, in the circumstances, the petitioner has no cause of action.
5. Learned counsel for the petitioner could not point out anything from the record from which he could urge that the property was ever treated as 'enemy property' by the Custodian of Enemy Properties. He also conceded that he had not ever submitted any application to the Custodian of Enemy Properties or any other Authority seeking transfer of the Flat in his possession under the relevant Scheme, if any. This admission knocks out the case of the petitioner completely. He had obviously no cause of action to institute the suit. The learned Civil Judge was, therefore, fully justified to burry at inception the still born suit so that no further time is consumed in the fruitless litigation.
6. The petition is without merit. Leave to appeal is, therefore, refused and the petition is dismissed.
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