70/2006 R.A (Civil Revision) Muhammad Amjad (Applicant) V/S Shaikh Inamullah & Ors (Respondent)

Sindh High CourtProperty & Rent2022

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)

70/2006 R.A (Civil Revision) Muhammad Amjad (Applicant) V/S Shaikh Inamullah & Ors (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 29-APR-22

Since the applicant has failed to prove that the respondents No.1 & 2 had the knowledge of any sale transaction, the act of purchasing the property without public notice cannot be pressed into service to prove the mala fide of the respondents No.1 & 2. It could be a careless approach being less serious but not at par with mala fide / dishonesty. Hence specific performance cannot be enforced against subsequent buyer in view of facts of case. Similarly with respect to other issue which concerns with the willingness of applicant, which also on facts ended against applicants, no claim of any alternate relief of damages could be granted.

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70/2006 R.A (Civil Revision) Muhammad Amjad (Applicant) V/S Shaikh Inamullah & Ors (Respondent)

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