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Land Dispute in DHA Lahore: Lahore High Court Rules in Favor of Defense Housing Authority

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Land Dispute in DHA Lahore: Lahore High Court Rules in Favor of Defense Housing Authority

Islamabad 17-05-2024: In a recent judgment by the Lahore High Court, [Civil Revision No. 45297 of 2021], involving a dispute between Defense Housing Authority (DHA), Lahore, and Pervaiz Riaz, Mr. Justice Shahid Bilal Hassan made significant rulings regarding necessary parties in a land possession case. Pervaiz Riaz had filed a suit for possession with permanent and mandatory injunction concerning land in Mauza Charrar, Tehsil Cantt., District Lahore, measuring 47-Kanals 17-Marlas. He claimed ownership through a sale deed dated 18.07.2009, registered under a decree for specific performance obtained on 20.03.2008.

The suit involved 101 owners of houses in Blocks W and Z in Phase-III of DHA, Lahore, besides DHA itself. DHA contested the suit, arguing various factual and legal grounds. DHA filed an application under Order I, Rule 10, Code of Civil Procedure, 1908, seeking deletion of names of defendants No.3 to 103, claiming they derived their title from DHA. The trial court ordered the plaintiff to amend the plaint by specifying names and parentage of 67 defendants and providing names of 36 defendants. DHA filed a review application against this order, which was dismissed. Consequently, DHA filed a revision petition.

The Lahore High Court, in its judgment, emphasized that only those persons whose interests are under challenge in the suit are necessary parties. It cited legal precedents to highlight that joining parties at any stage is binding for subsequent proceedings unless set aside legally. The Court observed that the main claim was against DHA, and the necessity of other defendants (No.3 to 103) wasn't clear from the plaint. Without specific particulars, these defendants, as bona fide purchasers, couldn't be deemed necessary parties merely because they bought plots from DHA and constructed houses.

The Court reiterated that a party is necessary only if their absence impedes effective adjudication of the dispute. It concluded that the trial court hadn't considered the true facts and failed to exercise jurisdiction properly. Thus, the Lahore High Court accepted the revision petition, set aside the impugned order, and directed deletion of defendants No.3 to 103. The respondent/plaintiff was ordered to file a necessary amended plaint. No costs were awarded. The judgment, announced on 10.05.2024, clarifies principles of necessary parties in land possession cases, particularly in DHA, Lahore, disputes, ensuring fair and effective adjudication.