1. ' SYED HASAN AZHAR RIZVI, J.---Commissioner report is taken on record subject to all just exceptions.
2. By this application, under Order XL Rule 1, C.P.C. Filed by the plaintiff seeking appointment of Nazir of, this Court as Receiver of the suit property bearing Survey Nos.224, 225 and 226, admeasuring 16- 40 acres land situated at Malir described in S.R.O. 283(K)/63 dated 20-5-1963. The application is duly supported by affidavit of the plaintiff.
2. ' Syed Muhammad Abbas Hyder learned counsel for the plaintiff contended that defendant No,1 has handed over the suit land to defendants Nos.2 and 3 and their accomplices who have advertised a housing scheme on the said land, which land belongs to the legal heirs of the Royal House of Junagadh and cannot be sold without the permission of the Government. He contented that defendant No,1 succeeded in getting a Notification issued in his name declaring him as a Nawab of Junagadh has no reason to be heir and hold such a coveted title unless he produces a Wirasatnama. He urged that the defendant No,1 due to manipulation and conspiracies has succeeded in convincing the then government officials to name him as the present Nawab of Junagadh without realizing that neither the Junagadh State exists any more nor such privileges can, be conferred upon him. He also urged that the defendant No,4 issued notification wherein it has been mentioned that the property movable or immovable will vest in the government and will not be disposed of. He submitted that defendants have flouted the order of status quo passed in this case vide order dated 19-2-2010 and third party interest is being created on the property. He, therefore, prayed that Nazir of this Court be appointed as Receiver with direction to take over possession of the land and post the chowkidar there with a Board that the land belong to the Royal House of the Junagadh at the cost of the plaintiff.
3. ' Counter-affidavit to the listed application has been filed by defendant No,2 denied the allegations levelled therein and vehemently opposed the grant of present application. Mr. Azizur Rchman Akhund learned counsel for the defendant No,2 stated that the suit land is the property of State of Junagadh, mentioned in Schedule-I of Devolution and Distribution of Property (Junagadh State)
4. Order, 1963 vest in Nawab of Junagadh, who is the defendant No,1 and the plaintiff has admitted this fact in Para 2 of the plaint. He stated that legal heirs of late Nawab Sir Muhabat Khanji including the plaintiff has challenged the said Devolution and Distribution of Property Order 1963 by filing Constitution Petition No,D-843/1986, which is still pending and till today the petitioners could not succeed to get any favourable relief to their plea of personal property.
5. ' However, he contended that if the plaintiff has any grievance, he should have to seek such relief in the said Constitution Petition.
6. ' Learned counsel further submitted that Devolution and Distribution of Property Order, 1963 is in existence with full force till today without any hindrance and as per its paragraph 1(3) there is no strict bar to lease out the said land by Nawab of Junagadh, but he can do the same subject to any order made in this behalf by the Central Government, therefore, the defendant No.1 has rightly executed agreement of lease with conditional clause of sanction/NOC from' he Government of Pakistan, for which he sent such agreement of lease with separate request to accord such NOC for the same. He vehemently denied that the defendant No,2 has not violated the orders of status quo passed in this matter. He, however, stated that plaintiff blackmailed the answering defendant and extorted heavy amount on account of non-interference in the smooth working of Shamshad Housing Project and also executed agreement of support on 29-5-2010. He further contended that plaintiff has filed application against defendant No,2 to the S.H.O. Police Station Al-Falah stated therein that he does not want to question the deal of Nawab of Junagadh and answering defendant No,2 in case they are paying him money and in this application he requested the S.H.O.
7. To wait for one week and in case the defendant No,2 failed to pay him F.I.R. May be lodged against him. He submitted that the answering defendant against the blackmailing of plaintiff approached the Ex-Officio Justice of Peace/District and Sessions Court Karachi by filing Criminal Miscellaneous Application. No,594 of 2010 wherein the plaintiff undertaken that he shall not harass the answering defendant in future. He submitted that plaintiff has not approached to this Court with clean hands and filed this application with mala-fide intention in order to extort money from the defendant No,2.
8. He, therefore, prayed that the instant application is not maintainable and liable to be dismissed.
9. I have heard learned counsel for the parties and perused the material available on record, which goes to show that this Court has passed status-quo order on 19-2-2010, whereby parties were directed to maintain status-quo in respect of the suit property. I have also gone through the Devolution and Distribution of Property Order, 1963 wherein in Schedule I the suit property is mentioned at Serial No,2, which is the property and assets belong to Nawab of Junagadh. In Paragraph 1(3) of the said Order there is bar for transfer or disposal of the property, which is reproduced as under:-- "(3) Subject to any order made in this behalf by the Central Government, the Ruler shall not transfer or dispose of by sale, gift or otherwise any State Property, nor shall he in any manner create any encumbrance thereon."
10. ' A bare reading of above noted clause clearly shows that there is bar on the Ruler for transfer or disposal of any State Property without approval of the Central Government, but in the case in hand the defendant No,1 executed a sale agreement in favour of defendant No,2 without approval of Central Government and the defendant No,2 has launched a project on the said land .In the name of 'Shamshad Housing Project' and started construction over there. The defendant No,4 filed written statement in the above-noted case wherein it has been clearly mentioned that defendant No,1 submitted draft indenture of lease for seeking issuance of NOC in light of Article 2(3) of the Devolution and Distribution of Property (Junagadh State) Order, 1963, but as yet no permission has been issued by defendant No,4 for sale of the suit property. On 27-6-2011, Commissioner was appointed to inspect the suit property, who submitted his report, whereby he reported that out of entire land, 4 acres of land are in possession of the different occupants, who had constructed number of houses and residing along with their families and rest of 12 acres land is open to sky and surrounded by boundary walls, which is in possession of defendant No,2 and guarded by Chowkidar. He further reported that two bungalows were found to be under construction.
11. In the circumstances, I am of the considered view that appointment of Receiver is necessary in order to preserve property from waste, destruction and any illegal and unlawful occupants. I, therefore, allow the present application and appoint the Nazir of this Court as Receiver with direction to take over the possession of 12-0 acres land from defendant No,2 and appoint his Chowkidar at the cost of the plaintiff. Nazir is also directed to make inquiry from the occupants of 4 acres of land as to from whom they have purchased the said plots/land and submit details before the Court. He is also directed to make inquiry from the concerned bank regarding encashment of cheques issued in favour of the plaintiff by the defendant No,2, details whereof have been mentioned in paragraph 10 of the counter-affidavit to C.M.A. No,5449 of 2010 filed by the defendant No,2, and if it is confirmed that the same have been encashed by the plaintiff, the plaintiff is directed to deposit the said amount received by him from the defendant No,2 with the Receiver within 15 days.