SHC allows naming Fatima Jinnah property as Mohatta Palace

KARACHI: The Sindh High Court on Wednesday disposed of three intra court appeals against orders of a single judge wherein Sindh government was directed to use name Qasr-e-Fatima for Mohatta Palace and directions were issued for forming a trust to establish a girl’s medical college within the premises of Mohatta Palace.

Justice Zulfiqar Ahmed Khan while hearing half a century old suit for administration of property of Mohterma Fatima Jinnah had on September 29 ordered the Sindh government to stop using name of Mohatta Palace, a property of Ms Fatima Jinnah in Clifton, Karachi, and directed to use term Qasr-e-Fatima for the same.

On October 13, with consent of the parties to the lawsuit, Justice Zulfiqar had ordered for forming a trust to establish and run a girls medical college with residential facilities in the premises of Mohatta Palace and directed the official assignee to prepare inventory of the article present there and take possession of the property.

A two-member bench headed by Justice Aqeel Ahmed Abbasi while disposing of the appeals suspended the order of September 29 wherein Sind government was directed to ensure that the property continued to be named, tagged, labelled and described as Qasr-e-Fatima only and all the documents wherein any other name intended to describe the said property should be corrected to reflect to the description of the said property being Qasr-e-Fatima (Mohatta Palace) only.

The bench also in continuation of its order of November 8 restrained the official assignee from taking over the possession of Mohatta Palace.

The same bench on November 8 on an appeal of the Sindh government, had suspended October 13 order of the single bench only to the extent of taking over possession of Qasr-e-Fatima by the official assignee.

The intra court appeals were filed by Sindh government, Mohatta Gallery Palace Trust and some people living in the neighborhood of Qasr-e-Fatima (Mohata Palace).

Initially, suit for administration was instituted on October 29, 1970 by Hussein Ali Walji, first cousin of Miss Fatima Jinnah.  Later on, Shareen Jinnah also initiated proceedings of inheritance for obtaining her share in Miss Fatima Jinnah’s estate which includes moveable and immovable property, jewellery, shares and cash etc.

In 1979, Shareen Jinnah purportedly, formed a trust for establishing a medical college in the premises of Qasr-e-Fatima commonly known as Mohatta Palace. The institution of the trust namely Shareen Jinnah Charitable Trust (SJCT) was also contested by Hussein Ali’s successors. The current plaintiff in administration suit Nazish Amir Ali Walji is grandson of Hussein Ali Walji.