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2006 Supreme(Pat) 984

AFTAB ALAM, SAMARENDRA PRATAP SINGH
Faiz Murtaza Ali – Appellant
Versus
Syed Askait Hadi Ali – Respondent


Judgment

1. This petition is filed by one Faiz Murtaza Ali praying for modification of an order passed thirteen years ago on 27.8.1993 in M.J.C. Nos. 770, 1010 and 974 of 1993.

2. Heard Mr. Gupta in support of the modification petition.

3. This is yet another attempt to somehow grab and appropriate under personal ownership a prime property commonly known as the Rizwan, located in the heart of the city. For over half a century, it was known to the world as part of a Waqf created by Mr. Syed Hasan Imam, Bar-at-Law, one of the luminaries of the bar of this court. It may be mentioned here that shortly after the demise of Mr. Imam in the third decade of the previous century a dispute arose between his second (English) wife Natie Imam and the children from his first deceased wife. The matter came to this court and at the instance of the court the dispute between the parties was referred to the joint arbitration of two sitting Judges of the court, namely, Macpherson and Khwaja Muhammad Noor JJ. Before the arbitrators Natie Imam claimed that the Rizwan was given to her by her late husband and it was, therefore, her personal property. The arbitrators however, rejected the claim and found and
















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