Law: Civil Procedure Code (V of 1908)

Section: S.151,O.XXXIX,R.4

Sindh Buildings Control Ordinance (V of 1979)--- ----Preamble---Karachi Building Control Authority and Town Planning Regulations, 1979---Civil Procedure Code (V of 1908), O.XXXIX, R.4 & S.151---Auction of plot in residential area by official Assignee---Conversion of residential plot for construction of high rise building---Appeal against order passed by Single Judge of High Court whereby application under O.XXXIX, R.4 read with S.151, C.P.C. was dismissed and appellants had prayed that said order may be set aside and the appellants may be allowed to raise a multi-storeyed building in residential area for which plan was approved by the Authority---Stand of the appellants was that certain multi-storeyed buildings had already been constructed in the area therefore the plaintiffs had no right to object to the impugned construction---No material had been brought on record to show that prescribed procedure was adopted by the appellants; letter issued by Karachi Building Control Authority was also issued apparently in violation of Karachi Building Control Authority and Town Planning Regulations, 1979 which tend to enforce restrictive provision contained in the lease deed and allotment condition relating to the Housing Society---Purported N.O.C. did not inspire confidence and the matter required thorough scrutiny and recording of evidence regarding conversion of residential plot into commercial plot and construction of high rise building over the same---Held, impugned order could not be set 'aside at the present stage as residents of area would be subjected to serious prejudice if appellants were allowed to raise multi-storeyed commercial complex on the said plot---Contention that commercial tag had been attached to the property, was repelled as a buyer could not get better title than seller had---Official Assignee while auctioning the plot merely stepped into the shoes of the seller and offered the property as it was described in the purported document---Character of property would not change by description in the title document, unless it was shown that character of the property from residential to commercial was effected in accordance with law---Publication for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492