ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Suit No. 428 of 2015
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Date Order with signature of Judge
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For orders on CMA No.13167/15.
17.09.2015
Ms. Naila Kausar Shaikh advocate for the plaintiff.
Defendants No.1 to 3 are present in person.
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This is a suit for Administration. The plaintiff is real sister of defendants No.1 to 4. The plaintiff has claimed her share in accordance with sharia in the property bearing BS-2, Block-12, F.B. Area, Karachi. This property was owned by their real mother deceased Mst. Jamila Ismail.
Earlier this Court has passed order on 27.05.2015, in which it is mentioned that there is no dispute over the title of the property and all agreed that the property in question was owned by their mother deceased Mst. Jamila Ismail. In the same order, the Nazir was directed to assess the market value of the property through independent sources as well as with the assistance of parties, thereafter, with the consent of parties the matter will be disposed of and share will be distributed amongst the legal heirs according to their shares. The defendants No.5 to 10 are the tenants of the shops constructed in the same property at ground floor.
In compliance of the order dated 27.5.2015, the Nazir has submitted report and in paragraph No.5 the maximum value of the property quoted by M/s. S.K. Estates Rs. 3.50 to 4 Crore.
Today, plaintiff, defendants No.1 to 3 are present except defendant No.4, who is stated to be unwell and they agreed to the value of the property in question in the sum of Rs. 4 crore (Rupees Four crore only) and the defendant No.2, Zeeshan Ismail agrees to purchase the share of plaintiff in the said property. He requests for four months time to pay her share, which comes to Rs. 22,22,222.22. The plaintiff accept this offer and the defendants No.2 and 3 have also no objection to this arrangement. So far the defendant No.4 is concerned she is real sister of the plaintiff as well as defendants No.1 to 3 and defendants No.1 to 3 undertake that she will have no objection to this arrangement. So far as the share of other defendants is concerned, the defendant No.1 to 3 clearly stated that they will decide the same outside the court and defendant No.4 and other legal heirs will also be paid their due share. They have also submitted a joint statement alongwith the Photostat copies of their CNICS. The statement has been signed by the plaintiff as well as defendants No.1 to 3.
In view of the statement, the suit is disposed of in the following terms:
I) The defendant No.2 shall deposit share of the plaintiff in the sum of Rs.22,22,222.22. within four months from today with the Nazir of this Court through Pay-Order.
II) On receiving aforesaid share of the plaintiff through pay order from the defendant No.2, the Nazir shall issue notice to the plaintiff and the plaintiff shall sign release deed to the extent of her share in favour of defendant No.2 before the concerned Registrar within a period of one week. The release deed will be signed under the supervision of Nazir of this Court or any other staff member appointed/nominated by the Nazir for this purpose. The Nazir fee shall be Rs.5000/- (rupees five thousand) which will be paid by the defendant No.2. All expenses on release deed including stamp duty and registration shall be borne by defendant No.2.
III) After the registration of the release deed, the Nazir shall release the pay order to the plaintiff and thereafter the plaintiff shall have no claim against the House No.BS-2, Block-12, F.B Area, Karachi including the rent of the shops. However, the plaintiff shall be entitled to receive her share in the rent, if any, till the execution of the release deed.
In view of the above terms, the suit is disposed of with pending applications.
JUDGE
M.Tahir