Law:

Section:

(a) Sindh Buildings Control Ordinance (V of 1979)--Ss. 6 & 7-A---Sealing.of building without notice to the occupants--­Defective title of occupants---Effect---Notice served to the vendors and not to the occupants---Validity---Occupants having not verified the right, interest and title of the vendors and having occupied the premises without obtaining occupancy certificate from Building Control Authority could not claim to have acquired a perfect and marketable title to the premises---Occupants were not put into possession of their respective premises as per amended law, they had stepped into the shoes of the vendors and were not entitled to the issuance of a show-cause notice within the spirit of law---Notice issued to the builders. was, for all practical purposes a notice to the occupants---Leave to appeal as refused. Muhammad Aslam Gatta v. Karachi Building Control Authority 1998 MLD 544; Hawa Bai V. Haji Ahmed 1987 CLC 558; Qasimabad Enterprises v. Province of Sindh 1997 CLC 1246; Shaukat Ali Qadri v. Karachi Building Control Authority 1998 CLC 1387; Zubaida A. Sattar v. Karachi Building Control Authority 1997 SCMR 243 and Muhammad Khurshid Abbasi v. Administrator/Assistant Commissioner 1999 SCMR 2224 ref. (b) Sindh Buildings Control Ordinance (V of 1979)-- ----Ss. 6 & 7-A---Sealing of the building---Non-issuance of show-cause notice to occupants---Plea of having been condemned unheard ---Validity--­Where the occupants having defective title had come to know about the notices issued to the builders and had agitated their rights before High Court for the last five years, they, having no equities in their favour, were neither condemned unheard, nor they were seriously prejudiced in their defence. Mubarak Husain Siddiqui, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on- Recod for Petitioners. Nemo for Respondents. Date. of hearing: 22nd May, 2000. JUDGMENT RANA BHAGWAN DAS, J.---Leave to appeal is sought against the judgment/order of the learned Sindh High Court dismissing Constitution Petition No.D-1794 of 1995 filed by the petitioners impugning the action of the Karachi Building Control Authority (hereinafter referred to as the KBCA) in…

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