KARACHI, Oct 22: The building that once housed the Indian high commission and consulate in the city remains the property of India according to official records, and Pakistan is duty-bound to protect its ownership, the provincial government submitted before the Sindh High Court on Wednesday.

A counter-affidavit, filed by the Sindh home secretary, S. Anwar Haider, to contest a claim by a “prospective buyer” of the property — a 3,883-square-yard plot (number 63-63/1, Old Clifton) and the building standing thereon — stated that Dr Rajendra Prasad, the first president of India, still appeared as its owner in the property register, and all subsequent transactions involving it were a nullity in the eyes of the law.

Plaintiff Syed Ali Baqar Naqvi had impleaded the home department and the Sindh police as defendants for interfering with his “purchase and possession” of the property.

Justice Ataur Rahman, who heard the case on Wednesday, adjourned further proceedings to Oct 29 after briefly hearing AG Anwar Mansoor Khan for the Sindh government and advocate Raja Qureshi for the plaintiff.

The order to maintain status quo, passed by Justice Khilji Arif Hussain on Oct 16, would remain effective in the meanwhile.

Secretary Anwar Haider said in his affidavit that he had perused the original record of the deputy district officer (Revenue), Saddar Town, and the property register of the Clifton Quarters, and found that the entries contained therein contrary to the plaintiff’s assertions.

Dr Prasad drew his title from Mr and Mrs N.E. Supariwala, the affidavit said without referring to the plaintiff’s averment that the Karachi Municipal Corporation leased out the plot to Parmanad Kundamal for residential purposes in 1946. It also did not elaborate when the Supariwalas took lease of the plot and when they transferred it to Dr Prasad. The plaintiff also had failed to explain its transfer from Kundamal to the Indian president.

The affidavit described the sale agreement and powers of attorney alleged by the plaintiff to have been executed by Dr Prasad in favour of Lateefan Begum in 1952 for a consideration of Rs 28,610 as fake and forged. The subsequent sale of the plot by Ms Lateefan to Manzoor Hussain was equally tainted with fraud. The various alleged buyers of the property, the affidavit said, intentionally and wishfully ignored the record in order to occupy a vacant property owned by a foreign country or its head of state.

According to the affidavit, Indian diplomat lodged an FIR alleging attempts to unlawfully occupy the property as far back as 2001 and moved a complaint on behalf of his government as recently as Oct 7. The two documents filed by the plaintiff with his suit — mutation and no-objection certificates — were found to have been illegally issued. The assistant district officer who issued them was missing along with the relevant record. The record was also being searched by the city district government. Action was being taken against the official.

The affidavit pointed out that the plaintiff had failed to annex the sale agreement alleged to have been signed by him with Karim Ghulam Hussain Jiva, the latest alleged owner of the property.

The possession was never transferred to the plaintiff and he only paid a token amount of Rs 2 million out of the total alleged price of Rs 31.976 million. Evidently even the token amount had not been paid as the receipt was bogus. No cheque in favour of Mr Jiva had been drawn and the two were apparently colluding in the illegal transaction.