KARACHI, Nov 14: The plaintiff claiming possession of the former Indian High Commission building here had no right to seek a declaration and could not benefit from any alleged ambiguity in the property’s title, Advocate-General Anwar Mansoor Khan submitted on behalf of the Sindh government on Friday.
The alleged purchaser (Syed Ali Baqar Naqvi) had only paid earnest money for a sale transaction which had not yet been completed and could only seek damages from the vendor (defendant Karim Ghulam Hussain Jiva) for landing him in a dubious deal.
On a suggestion by Justice Ataur Rahman of the Sindh High Court, who is seized of the property dispute, the AG said he would obtain necessary information about the Indian government’s rules of business with regard to properties bought by it abroad.
The suggestion followed the AG’s argument that the property, plot number 63-63/1, old Clifton, was not purchased by the then Indian president in 1950 personally but in his official capacity.
The title vested and continued to vest in the government of India, he submitted.
The AG said as a host country, Pakistan was obliged under the Vienna Convention on Diplomatic Relations to protect properties acquired by “guest states” for use by their diplomatic missions.
Asked by Justice Rahman why the Indian government was not being joined as a defendant in the plaint, the plaintiff’s counsel, Advocate Raja Qureshi, said it was for the court to make a direction in this behalf. The court pointed out that even the plaintiff agreed that the property belonged to the Indian president at some point in time.
About the absence of utility bills and record of other charges, the AG said the building enjoyed certain exemptions, like other foreign missions. Advocate Qureshi said the government should produce an exemption certificate to substantiate its claim.
The proceedings were adjourned to Nov 18 to enable the plaintiff’s counsel to exercise his right of reply to the AG’s rebuttal.
