LHC restores Rahat Fateh Ali Khan's legal challenge in Faisalabad property dispute
The Lahore Regional judicial body (LHC) on Friday granted senior officer assistance support to renowned singer and qawwal Rahat Fateh Ali Khan in a
An illustrative image related to: LHC restores Rahat Fateh Ali Khan's legal challenge in Faisalabad property dispute, highlighting key aspects of the story. | Image source: The Express Tribune
LHC restores Rahat Fateh Ali Khan's legal challenge in Faisalabad property dispute
The Lahore Regional judicial body (LHC) on Friday granted senior officer assistance support to renowned singer and qawwal Rahat Fateh Ali Khan in a hereditary property dispute, setting aside a lower judicial body’s ruling that had dismissed his legal challenge over non-payment of judiciary fee.
The LHC restored the legal challenge and directed Rahat to deposit a fine of Rs100,000.
According to an eight-page ruling issued by Fairness Muhammad Sajid Mahmood Sethi, Rahat had approached a civil judiciary seeking confirmation of possession over a double-storey house measuring one kanal and nine marlas (approximately 7,895 square feet) in Faisalabad. However, the civil judiciary had passed a executive command against him on May 14, 2019.
Rahat later challenged the ruling before the lower judicial body, but the legal challenge was dismissed on technical grounds after the singer failed to deposit a judiciary fee of Rs15,000 within the stipulated time. Following the dismissal, Rahat moved the LHC for assistance support.
The LHC observed that dismissing an legal challenge merely on the basis of non-payment of judiciary fee was against the principles of fairness, adding that courts should avoid rejecting appeals solely on technical defects. The judiciary decision further observed that the lower judicial body had granted only four days for submission of the judiciary fee, which was insufficient.
The judiciary emphasised that the right of legal challenge is a valuable legal right and should not be taken away on technical grounds, stressing that cases should be decided on merit. It subsequently directed all parties to appear before the relevant judiciary on June 2 and instructed the lower judicial body to decide the legal challenge strictly on merit within two months without granting unnecessary adjournments.
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