Islamabad High Court Upholds Civil Court Decision on Property Partition and Orders Auction of Disputed Property
Islamabad 25-06-2024: In a recent judgment, the Islamabad High Court has dismissed an appeal upholding the decision of a lower court regarding the partition and sale of a disputed property located at Gomal Road, Sector E-7, Islamabad. Through the case [R.F.A. No. 479 of 2023], the appellant challenged the preliminary judgment and decree of partition of property, issued by the learned Civil Judge on May 8, 2023.
The original suit, filed by respondent No. 1 and other respondents on June 26, 2021, sought a declaration, separate possession through partition, rendition of accounts, recovery of mesne profits, and permanent and mandatory injunction. The learned Civil Judge had partially decreed the suit, appointing a local commission to report as to the value of shares of each co-share in the suit property.
The property in question, measuring 933.33 square yards, was jointly purchased in 1981 by Mst. Anjum Ara Sabih and Mst. Zarina Zaheer. The plot was developed into a duplex with separate portions, each portion was owned and occupied by Mst. Sabih and Mst. Zaheer respectively. Following Mst. Sabih's death, her share was transferred to her four daughters, including appellant, while Mst. Zaheer's share was gifted to her daughters, respondent No. 4 and 5.
The appellant contended that the property could not be partitioned under the regulations of the Capital Development Authority (CDA), which do not permit the bifurcation of plots less than 1,200 square yards. Mr. Justice Miangul Hassan Aurangzaib, however, noted that this contention was aimed at delaying the proceedings to maintain her exclusive possession of the suit house by the petitioner.
The Civil Court order regarding the appointment of local commission tasked with to evaluate the suit property and subsequent its sale through auction was upheld by the High Court. The Court emphasized that the regulation does not inhibit the sale of the property through auction and division of proceeds among co-owners. The judgment clarified that the title and rights of respondent No. 4 and 5 in their share of the property remain unaffected.
Despite attempts at mediation, facilitated by Mr. Umar Farooq, Deputy Registrar of the High Court, the parties could not reach an amicable settlement. The High Court, recognizing the prolonged nature of the dispute, supported the Civil Court's decision for an auction, ensuring the equitable distribution of the proceeds among the co-owners. The Court also imposed costs on appellant, amounting to Rs. 500,000/- payable to each respondent, due to her inequitable conduct and the unnecessary litigation by the petitioner.
The judgment signifies a firm stance by the Islamabad High Court on property disputes involving co-owners and highlights the legal framework governing property partition in Islamabad. The case underscores the importance of adhering to legal regulations while ensuring fair resolution of family property disputes.
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