ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.490 of 2010

Date	Order with signature of Judge

1. For hearing of CMA 755/08

2. For examination of parties/settlement of issues.

3. For orders on Nazir report dated 13.02.2018.

Dated: 24.09.2018

Mr. Shahzad Bashir for plaintiffs along with plaintiffs present in person.

Mr. Muhammad Nouman Jamali for defendants No.1, 3 and 5 along with defendant No.1 in person.

-.-.-

1)       Defendant No.1 is present in person and ready to take special oath that the plot was purchased by him in the year 1975 from his own funds as he was at that time offering tuitions after passing his intermediate examination in the year 1972 and has accumulated Rs.7000/- through which the said plot was purchased. This claim is denied by plaintiffs who are relying on the indenture of lease dated 31.12.1996 in respect of the same plot, however in the name of father of the parties. Since the plaintiffs, in these circumstances, are not agreeing to accept the outcome of Special Oath, therefore, the instant application is dismissed.

2)       Learned counsel for both the parties submit that the controversy can be resolved by framing only one issue. Accordingly, with the consent of the parties, following issues are framed:-

1. Whether the subject property was of the property of father Syed Mujeeb Ullah or the same was purchased by defendant No.1 through his own funds in the year 1975?

2. What should the decree be?

At the joint request of the learned counsel for the parties, Mr. Dilawar Hussain, advocate of this Court, is appointed as commissioner to record evidence of the parties. Original documents and list of witnesses be filed by the parties within one week from today in the office. Parties thereafter may file their respective pleadings and affidavit-in-evidence without documents within two weeks. Commissioner may call for record as and when required from the office. Fee of commissioner is fixed at Rs.15,000/- per witness payable by the respective parties. Commissioner shall conclude the evidence within three months.

3)       Nazir report is taken on record subject to all just exceptions.

Judge