Karachi, 26 Aug, 2023 (GNP): The Sindh High Court (SHC) dismissed pleas from old Clifton residents and the Mohatta Palace Gallery Trust to intervene in a heritage property dispute involving the late Fatima Jinnah.
Earlier, in October 2021, the SHC ruled to convert Qasr-i-Fatima, also called Mohatta Palace, into a medical and dental college for girls.
The case originated in 1971 when a relative of Fatima Jinnah filed a suit against the Shireen Jinnah Charitable Trust and others over property administration.
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The neighboring residents and the Mohatta Palace Gallery Trust appealed, seeking intervention.
However, Justice Zulfiqar Ahmad Khan dismissed their appeal on August 15, deeming the addition of new parties meritless.
Residents’ lawyer Arshad Tayyebaly argued that converting the property into a college would infringe on their rights and privacy due to traffic congestion.
Another advocate Abid Hussain claimed that his clients, as legal heirs, were necessary parties. Faisal Siddiqui, representing the trust, contended that the trust’s government property management justified involvement.
Justice Khan stressed that necessary parties are the one whose interests are under challenge in the lawsuit and no effective decision can be made without them. He explained the addition of parties under the Code of Civil Procedure to avoid excess litigation.
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The court noted Fatima Jinnah’s heirs accepted the palace’s educational use. Addressing traffic and trust concerns, the court queried applicants’ objections.
Justice Khan concluded that neither the trust nor residents had a case, given the private property context.
With evidence recorded and final arguments underway, adding parties lacked merit, leading to dismissal.
