1. This Revision has arisen in respect to the properties left behind by late Mohammad Adam Khan.
2. According to learned counsel late Mohammad Adam Khan has left two wives with ten and twelve children from each wife. He submits that deceased has also left fourteen plots and other properties and both the parties are contesting for their rights. Mr. Mohammad Ali Abbasi submits that the applicants are entitled to the properties of entire Mohammadi Market consisting of 14 plots as the same were gifted to the applicant by the deceased. This position is seriously challenged by the learned counsel for the respondent. Mr. Mohammad Ali Abbasi has also stated that previously a suit was filed in 1989 being Suit No, 104 of 1989 and the properties were taken-over by the. Official Assignee but instead of finalizing that matter, it remained pending and transferred to District Court on pecuniary jurisdiction and thereafter again returned by the Civil Court with the result that the matter still remained undecided and the suit has probably come to an end.
3. It appears that there is serious dispute in respect to the properties of deceased Mohammad Adam Khan and it could not be solved through short cut proceeding as applicants are claiming the properties on the basis of oral gift notwithstanding the fact that they are sharers in the properties while the other side is claiming on the basis of sharing. In such a situation, the only solution is that parties to file suit for administration of property. Learned counsel for the applicant submits that notwithstanding the fact the Official Assignee was directed to take over the properties in his possession but the other side took the possession of the properties. It has also been intimated that 15 tenaments are occupied and some properties are lying vacant. In such a situation all the tenants are, directed to deposit rent with the Official Assignee and Official Assignee to take over possession of vacant properties. The finding in this revision will be subject to any other order, which may be passed in the suit for administration which may be initiated by the parties. With these observations the Cr. Revision Application is dismissed.