KARACHI, Nov 7: Government agencies are responsible for safe keeping of the record of immovable properties, particularly when they are claimed to be owned by foreign states or their nationals, the plaintiff’s counsel argued in the former Indian High Commission building case on Friday.

Advocate Raja Qureshi submitted before Justice Ataur Rahman that it was for the official agencies concerned to produce original documents relating to the property, plot number 63 and 63/1, Old Clifton. Even if the record was missing, the government could not shift responsibility to a bona fide purchaser.

Advocate-General Mansoor Anwar Khan submitted that the plaintiff and the person he drew his title from had to produce genuine documents to establish their right to the property. They had failed to explain how Ms Lateefan, who was the source of all subsequent transactions, came into possession of the disputed property from the late Indian President Rajendra Prasad. The plaintiff could not maintain his suit without an explanation. Insofar as the official record was concerned, there was no doubt that the property still belonged to the Indian government and that Pakistan was bound to protect its ownership.

The court asked the counsel to establish the validity of Karim Ghulam Hussain Jiva’s title to the property to justify his agreement to sell it to Syed Ali Baqar Naqvi, the plaintiff, and adjourned further hearing to Nov 12.

ORDER RESERVED: A division bench of the Sindh High Court on Friday reserved order on a writ petition challenging the recent byelection of the Dadu district council deputy nazim.

Petitioner Dost Ali Jesser submitted that he polled 754 out of the 1,571 votes and should have been declared elected. There was no provision for a run-off poll in a byelection. Yet the election commission held a run-off poll, which was won by his rival, Zahid Hussain Jatoi.

Contesting the petition on behalf of the election commission, deputy attorney-general Nadeem Azhar Siddiqui argued that a candidate must secure more than 50 per cent votes for his election as nazim or naib nazim under the Sindh Local Government Ordinance. If no candidate could muster an absolute majority, a run-off poll between the two top candidates was essential. It would lead to an anomalous situation if some of the nazims and naib nazims were elected by simple majority as a result of byelections. The rules of representation could not be changed for byelections, the lawyer argued.

Justices Zahid Kurban Alavi and Gulzar Ahmed, who constituted the bench, reserved their order on the petition after hearing the counsel.

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