November 19, 2008	Wednesday	Ziqa'ad 20, 1429

KARACHI, Nov 18: A division bench of the Sindh High Court dismissed on Tuesday a petition moved by residents of a village in the district of Malir for ownership rights on the basis of long possession and documents issued by a revenue official.

Contesting the petition, Assistant Advocate-General Adnan Karim Memon submitted that right to possess a property could not confer ownership unless the government transferred the land owned by it in the name of settlers. There was no evidence that the residents of the 51-acre Deh Marwari, Malir, were ever granted ownership rights by the provincial government.

The documents produced by the petitioners evidence possession and not ownership. While possession certificate may be given by a mukhtiarkar, the title deeds could only have been sanctioned by the deputy commissioner.

Observing that the petition required recording of evidence, the bench comprising Justices Khilji Arif Hussain and Dr Qamaruddin Bohra dismissed the petition as not maintainable in the court’s writ jurisdiction.

Bail for NAB accused

Another division bench consisting of Justices Mrs Qaiser Iqbal and Syed Mahmood Alam Rizvi granted bail to Adnan Shirazee, Seema Shirazee and Malik Ali Khan of M/s AH International.

The three are required by the National Accountability Bureau in a reference. Their counsel, Salman Aslam Butt, argued that the maximum charge against them could be one of bank loan default falling within the purview of a banking court.

NAB deputy prosecutor-general Aslam Butt argued that the accused applicants had been charged with tax evasion and they were liable to be tried by an accountability court under the NAB Ordinance.