Internal Auction was conducted without participation of all Co-Owners --- Lahore High Court remanded case for a fresh Auction with strict adherence to Legal Requirements

Islamabad 06-12-2024: In a significant ruling, the Lahore High Court (LHC) has declared the internal auction orders in a property partition case illegal, citing serious procedural irregularities and non-compliance with statutory requirements. The case, Naseem Bibi and Others Vs. Imran Qayyum and Others, centered on the internal auction of ancestral property under the Punjab Partition of Immovable Property Act, 2012, was heard by Mr. Justice Jawad Hassan.

The dispute arose from a property partition case where repeated remands and appellate Court decisions culminated in internal auction proceedings. The petitioners, widowed women residing in their ancestral home, challenged the orders issued by the trial Court on 07-02-2024, and 30-03-2024, as well as the Appellate Court’s order dated 05-09-2024, alleging violations of natural justice and procedural law.

The Petitioners argued that the internal auction was conducted in their absence, violating Sections 9 and 10 of the Punjab Partition of Immovable Property Act, 2012, which require mandatory participation of all co-owners. They also highlighted their vulnerability as widows and alleged that the respondents were attempting to evict them unlawfully.

Mr. Justice Jawad Hassan emphasized the following key legal principles in his judgment:

1. Strict compliance with the procedural framework outlined in Section 10 of the Act is mandatory. Non-compliance renders judicial orders unlawful.
2. The right to be heard is fundamental. The absence of proper notice and participation of all co-owners violated this principle.
3. Judicial actions or omissions must not prejudice any party. Errors in conducting the internal auction undermined this principle.
4. Article 10-A of the Constitution guarantees due process and a fair trial. The procedural lapses infringed upon this constitutional right.

The Court ruled that the impugned orders violated procedural requirements and fundamental rights. It set aside the orders dated 07-02-2024, 30-03-2024, and 05-09-2024, remanding the case to the trial Court for a fresh internal auction. The trial Court was directed to ensure compliance with Section 10 of the Act, including proper notice and participation of all co-owners.

This judgment reinforces the importance of adhering to procedural laws and upholding constitutional rights during judicial proceedings. It serves as a reminder that procedural lapses can lead to the invalidation of judicial orders, ensuring justice for all stakeholders.

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