5547/2016 Const. P. Ghulam Tariq (Petitioner) V/S The State and Ors (Respondent)

Sindh High CourtProperty & Rent2016

Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)

5547/2016 Const. P. Ghulam Tariq (Petitioner) V/S The State and Ors (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author) Order Date: 23-NOV-16

In this case the petitioner sought protection against the demolition action of Anti encroachment Cell KMC in respect of community hall/marriage garden wherein the petitioner was inducted as administrator/tenant by Town Municipal Administrator. Transfer of Property Act and Section 11 of Contract Act were examined and it was observed that no doubt, the law protects bonafide transactions but this benefit/protection is not available to one who acquires a right and title from an unauthorized and incompetent person. Furthermore, to make an agreement a contract it should be made by parties competent to contract. Advocates: Muhammad Azeem(ADVO-8715-SBC-KHI),Assitant Adv.Gen. Sindh(AssAdvGen)

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5547/2016 Const. P. Ghulam Tariq (Petitioner) V/S The State and Ors (Respondent)

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