LHC Upholds Property Restoration for Overseas Pakistani, Rejects Collateral Challenge

RAWALPINDI: The Lahore High Court (LHC) has upheld the restoration of a disputed property to an overseas Pakistani, dismissing a petition that sought to halt the execution of a prior court order.

In a detailed judgment, Justice Jawad Hassan affirmed the ruling of the special court established under the Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act, 2025. The judge observed that the petitioner had repeatedly approached various forums in an apparent attempt to delay the implementation of binding judicial orders.

The dispute originated over a villa in Bahria Town, Rawalpindi. The petitioner, Javed Masih, had secured an ejectment order against an occupant based on an allotment letter. However, Amar Javed, an overseas Pakistani claiming ownership via a registered sale deed executed in 2017, contested the proceedings. The special court subsequently set aside the ejectment order and directed the restoration of possession to Mr. Javed through his attorney.

After challenging the orders before the high court and withdrawing an appeal against a subsequent execution order, the petitioner obtained an ex parte decree from a civil court and relied on it to resist execution. The special court dismissed his objections, prompting the current constitutional petition.

Ex parte decree could not override judicial orders that have already attained finality, says court orders

Rejecting the petition, Justice Hassan ruled that the ex parte decree could not supersede judicial orders that had already attained finality, particularly since the decree itself had been suspended by the civil court following an application under Section 12(2) of the Civil Procedure Code.

The court held that rights crystallised through final judicial determinations cannot be defeated by subsequently obtaining an ex parte decree in collateral proceedings. It added that the petitioner, under the guise of filing objections, was effectively attempting to reopen issues that had already been conclusively decided, which is impermissible in law.

The judgment examined the constitutional and statutory framework protecting overseas Pakistanis. Citing earlier precedents from the LHC and the Supreme Court, Justice Hassan observed that overseas Pakistanis are entitled to the same constitutional protections as other citizens but cannot claim preferential treatment.

At the same time, the court recognised that they constitute a distinct class due to the practical difficulties they face in pursuing litigation while residing abroad, justifying special legislative measures for the expeditious adjudication of their property disputes.

The court noted that the Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act, 2025, was enacted to ensure the speedy resolution of property disputes involving overseas Pakistanis through specialised courts, strict timelines, limited adjournments, automatic execution of decrees, and safeguards against frivolous objections intended to delay enforcement.

Finding no jurisdictional defect, illegality, or material irregularity in the special court’s order, the high court concluded that its constitutional jurisdiction under Article 199 could not be invoked to reopen matters already settled between the parties. The writ petition was accordingly dismissed.

Source link