5539/2017 Const. P. Mst Aysha Begum (Petitioner) V/S Province of Sindh & Ors (Respondent)
Bench: Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
5539/2017 Const. P. Mst Aysha Begum (Petitioner) V/S Province of Sindh & Ors (Respondent) Sindh High Court
Bench: Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam Order Date: 17-NOV-21
Bonafide purchaser for value without notice Rule will apply where purchasers are not equally at fault with their predecessors. Property purchased on the basis of official record and transactions spreading over many years and did not change hands in quick succession showing undue haste, hence 5th owner cannot be penalized. Responsible officials of KDA to be dealt with strictly, DG KDA directed to hold enquiry and fix responsibility on officials involved in committing illegality and fraud, whether in service or retired, alive or dead, should be mentioned in the Inquiry Report. An alternate plot of same value and utility be allotted to the petitioner. Cost of Rs.100,000/- is imposed on respondent KDA payable to the petitioner.