IN
THE HIGH COURT OF SINDH AT KARACHI.
Date Order with signature of Judge
Dated: 30.04.2012
Mr. Tariq Mehmood for the petitioner.
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According to the learned counsel the petitioner’s grand father Capt. Lal Khan was the owner of the subject land who in the year 1971 executed a Power of Attorney in favour of Chaudhary Jalal Din, the predecessor-in-interest of respondents No.1 to 4, who after expiry of Lal Khan misused the Power of Attorney and got the land transferred in his name on 28.01.1986. The petitioner protested to Ch. Jalal Din regarding the transfer and requested him to get the entries reversed who kept the petitioner on promises, however, he did not fulfill his promise. In the meanwhile Ch. Jalal Din expired whereafter the petitioner approached the respondents No.1 to 4 who flatly refused to recognize the petitioner’s right over the subject land.
Learned counsel for the petitioner has not been able to explain the laches. Even otherwise it is inconceivable that a person would not take the recourse to law against such a blatant illegality for almost over 25 years. In the circumstances, we are of the firm opinion that the petition is not an appropriate remedy available to the petitioner. The petition along with pending applications is accordingly dismissed. The petitioner may however avail his remedy, if any available to him, before an appropriate forum.
Judge