Islamabad High Court Dismisses Appeal in Long-Standing Property Dispute

Islamabad 24-06-2024: The Islamabad High Court has dismissed an appeal filed by Amanat Ullah Khan challenging the judgment of the Civil Judge, Islamabad, in a protracted property dispute involving Plot No.1, Street No.47, Sector F-8/1, Islamabad. The case, titled [R.F.A. No.76 of 2019], revolved around claims of ownership and allegations of fraudulent property transfers dating back to the 1970s and 1980s.

Amanat Ullah Khan sought a declaration of ownership and the cancellation of transfer letters issued by the Capital Development Authority (CDA) that initially transferred half-share of the property to Waseem Iqbal (respondent No.1) in 1977 and subsequently the entire property to Javed Akhtar in 1987. The appellant claimed that the transfer was conducted fraudulently when he was a minor and without a required guardianship certificate.

The Court noted that the property was initially transferred in equal shares to the appellant and respondent No.1 in 1977 when the appellant was a minor, with the appellant’s father, Ghulam Rasool, acting on his behalf. Later that year, the appellant's half-share was transferred to respondent No.1, who subsequently sold the entire property to Javed Akhtar in 1987.

The appellant filed the suit in 2004, asserting that he only became aware of the fraudulent transfer in 2004. However, the Civil Court dismissed the suit as time-barred and lacking substantial evidence. The appellant contended that the transfer conducted during his minority without a guardianship certificate was invalid. He claimed that fraud and collusion facilitated the transfer of his share.

Mr. Justice Miangul Hassan Aurangzeb emphasized that the appellant did not produce sufficient evidence to substantiate the fraud claims. The court highlighted that the appellant's father, a crucial witness, was not called to testify. The court determined that the appellant's suit was filed beyond the legal limitation period.

The Court dismissed the appeal with costs, ordering Amanat Ullah Khan to pay Rs. 15,15,000 to respondents No.2-a to 2-e. This sum includes litigation costs and compensation for the prolonged legal proceedings. The Islamabad High Court's decision underscores the importance of timely legal action and the necessity of robust evidence to support allegations of fraud. The dismissal of Amanat Ullah Khan’s appeal brings an end to a long-standing property dispute, reaffirming the legality of the property transfers conducted in 1977 and 1987.

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