DHA told to explain commercial use of residential property

The Sindh High Court (SHC) on Wednesday directed the Defence Housing Authority (DHA) to submit an explanation as to why a residential property is being permitted to be used for commercial purposes in DHA Phase-II. The direction came on a lawsuit about the inheritance share distribution among the legal heirs.

The counsel said that a preliminary decree was rendered on February 24, 2023, and the pressing issue before the court was admitted as the illegal use of a residential property, a subject matter of the case, as a commercial guest house or motel.

A single SHC bench headed by Justice Agha Faisal said the Nazir’s report shows that the bungalow is being used commercially as a rest house.

The counsel said the property is residential in nature, but it is illegally being used for commercial purposes to the detriment of all the legal heirs, who are parties hereto.

The defendant’s counsel said that the illegal activity is being perpetuated by a purported tenant, and that it has been happening for the past eight years.

The counsel said his client has been unable to restrain the illegal commercial use of the residential property since he has been out of the country.

The court said that there is no cavil to the fact that the residential property is a constituent of the estate of the deceased, and a preliminary decree has already been drawn up and the subject property is the part thereof.

The counsel said that the subject property is being used for unlawful purposes to the manifest detriment of all the legal heirs, and that the illegal use of the residential property might entail adverse consequences, including determination of the lease in respect thereof.

The court was requested to hand over the property to the court’s Nazir. After hearing the counsels’ arguments, the bench said that it appears just and convenient that a receiver be appointed in respect of the suit property.

The SHC appointed the court’s Nazir as the receiver of the property, and directed him to take the property into custody and seal it until further orders.

The court directed the DHA and the respective sub-registrar to ensure that no alienation takes place in respect of the property until further orders are issued.

The bench also directed the DHA to submit a written explanation as to why the residential property is being permitted to be used for commercial purposes.