' The petitioner stated to be an old Pardanasheen lady, feels aggrieved that the land belonging to Quaid-e-Azam Muhammad Ali Jinnah, in Gulberg, Lahore had been usurped. A prayer has been made that the respondents in this case be called upon to investigate the matter and to locate the said property. The Deputy Commissioner, Lahore has filed report and parawise comments, according to which Quaid-e.-Azam purchased a total area of 325 Kanals 2, Marlas and 144 Sq.Ft. In the revenue estate of Ichhra, District Lahore vide Mutations Nos.1787, 1788, and 1789 attested on 10- 12-1951 and No,1790, attested on 19-11-1947. On the death of Quaid-e-Azam, the property was transferred to a Trust and the Trustees were Mohtarma Fatima Jinnah, Muhammad Ali and Liaqat Ali Khan. This was done vide a Mutation No,1791 attested on 10-12-1951. This entire land was acquired by the Lahore Improvement Trust for residential schemes of Gulberg-II and GulbergIII, Lahore.
Against the land acquired compensation in the sum of Rs,3.13,154 was paid to Mohtarma Fatima Jinnah on 17-9-1955 through her attorney/Secretary by the Land Acquisition Collector. Apart from the said compensation six plots were exempted in favor of Quaid-e-Azam Trust. These are Plots Nos.79-E-I (8 Kanals 36 sq.Ft) No,85-E/1 (4 Kanals, 11 Marlas, 53 sq.Ft.) 87-E/I (7 Kanals, 6 Marlas, 200 sq.Ft), 88-E/1 (7 Kanals, 7 Marlas, 11 sq.Ft.). These four plots are residential. A-commercial Plot No,36 (1 Kanal, 8 Marlas and 87 sq.Ft) as well as an industrial Plot No,32 measuring 10 Kanals 13 Marlas and 215 sq.Ft were also exempted. Plots Nos.79, 87 and 88 were sold by the said Trustees of the said Trust on 29-1-1978 to the Government of U.S.A. For a consideration of Rs,37,30,650. Plot No,85 was sold by the Administrator of the said Trust on 5-6-1989 in favor of one Kh. Shahid Nasim for a consideration of Rs,5,73,300. The industrial plot was sold to M/s. Kashmiran (Pvt.) Ltd., under the orders of the Honourable Chief Justice of the High Court, Sindh at Karachi dated 13-10-1985. The Commercial Plot No,36 was sold by the Administrator of the estate of Quaid-e-Azam under the orders of the High Court of Sindh dated 31-3-1972 in favor of M/s. Gulberg Enterprises Limited for a consideration of Rs,6,00,000. The said three residential plots were sold by means of registered sale- deeds.
2. Mr. M.J.I, Jaffery, learned counsel for the petitioner lady contends that the land could have devolved only upon heirs of Quaid-eAzam on his death and since there is no explanation as to how the Trust was created, it is to be assumed that no Trust has a valid existence. The learned counsel prays that the estate should go to the rightful heirs of Quaid-e-Azam.
3. None of the heirs had been impleaded in the main writ petition. Only an entity "The estate of Muhammad Ali Jinnah" was impleaded as respondent No,9. Code of Civil Procedure is applicable to the writ petitions and only the natural or legal persons are to be parties to a lis. The estate, as stated by the learned counsel himself is represented by the legal representatives who according to the learned counsel are the heirs of Quaid-e-Azam. The said heirs are not on record. The learned counsel, however, informs that at the moment the daughter of Quaid-e-Azam, namely Dina Jinnah Wadia is the heir to represent the said estate.
4. Learned A.A.-G., on the other hand, informs that the matter regarding the estate of Quaid-e- Azam including the land at Lahore is sub judice before the High Court of Sindh at Karachi and that official assignee/Administrator of the estate has been appointed by the said learned Court who are also taking proceedings in the matter. According to the learned A.A.-G., in fact, the said official assignee/Administrator has sought information from the D.C., Lahore in the matter of the said land and that the said information has been provided by the said officer to the said Administrator.
5. Since the matter is sub judice. And the heir or heirs representing the estate are before the said Court, the writ petition is disposed of with a direction to the learned A.A.-G. To provide all the said details to the said office assignee/Administrator appointed by the learned High Court of Sindh at Karachi.
6. A copy of this order be also remitted to the Registrar of the learned High Court at Karachi to be placed on the records of the said matter pertaining to the estate of Quaid-e-Azam Muhammad Ali Jinnah.
7. Before parting with this order, I may state that the learned counsel, Mr. M.J.I. Jaffery, has claimed, what he terms as indemnity cost. I am afraid this is not a contentious matter. The petitioner lady, certainly a patriotic and loves Quaid-e-Azam like any other Pakistani, has deemed it proper to invoke the jurisdiction of this Court in the matter of location and information regarding the said estate of Quaid-e-Azam. Necessary particulars have been obtained and are being sent to the learned Court dealing with the matter., There is no occasion for claim or award of any costs.