Rags to riches: 70-year-old wins dead father’s half a century old case for huge estate

Apex court dismisses appeal, orders handover of 512 acres in Thatta.

KARACHI: After 50 years and a two-generation fight, a 70-year-old man dressed in tatters won a case for 512 acres started by his father, emerging from the Supreme Court on Thursday a virtual millionaire.

When the verdict was announced, however, Abdul Jabbar Nizamani had no idea the court had ruled in his favour. He was told of the development by the reporters covering the case. “Have I really won the case?” he exclaimed in Sindhi. And only when it was confirmed that the court had indeed ruled in his favour, he shouted “Bhej Pagara!” with joy, revealing his spiritual affiliation with Pir Pagaro, the spiritual leader of the Hurs. “I have spent Rs1.5 million fighting the case and paying lawyers,” Nizamani told reporters. When asked how he had managed such a large sum of money while he himself was dressed in tatters, he replied that he had sold all his property to meet the expenses of the litigation.

The case

According to the swollen case file, in 1965, Abdul Ghafoor Nizamani sold 512 acres in Ghora Bari, Thatta to Muhammad Hayat Baloch. Baloch claimed to have purchased the land for Rs64,000 and paid Rs13,500 in advance. But then, a dispute erupted between them and the remaining amount was not paid. The two parties went to court but the case dragged on and the two men died in the meanwhile.

In 2005, the Sindh High Court ruled in favour of Abdul Ghafoor Nizamani’s son Jabbar.

In 2007, Baloch’s heirs took the matter to the Supreme Court in an instant appeal against the SHC decision. Baloch’s family maintained that they were ready to pay the remaining amount to Nizamani’s heirs.

On Thursday, the appeal came up for hearing before the apex court bench headed by Chief Justice Iftikhar Muhammad Choudhry at the Karachi registry.

After perusing the documents submitted by both parties, the bench pointed out that there was no paperwork on record from Baloch’s side that estasblished there had been a deal between the two parties.

Baloch’s lawyer responded that they had been maintaining the land, cultivating it and thus had an interest in it and on the basis of a partial payment had some right to it as well.

“You have been reaping benefit from the land for such a long period without any lawful document,” the bench responded. It then dismissed the appeal filed by the Baloch family, observing that it was deciding a 50-year-old case, which had been prolonged for no reason. The SC then ordered the mukhtiarkar of Ghora Bari, Thatta to hand over the sprawling 500-acre estate to the claimant and owner, Abdul Jabbar Nizamani, Ghafoor’s son. Jabbar, who is unmarried, is survived only by his nephews, who are sons of a deceased brother.

There was relief for Nizamani’s lawyer as well. “I have been bringing my client to court, bearing his expenses, fare, etc.” said Noor Ahmed advocate, who accompanied the 70-year-old. “Out of the 512 acres, 300 acres are cultivated and the remaining is not being used.”

Published in The Express Tribune, December 31^st, 2010.