Law:

Section:

Transfer of Property Act (IV of 1882)-------S. 6---Transfer of property, extent of--Owner could not transfer a better title to a transferee than he himself possessed. Muhammad Saleem v. Administrator, Karachi Metropolitan Corporation, K.B.C.A. (K.M.C.), Karachi and 5 others 2000 SCMR 1748 ref. M. Farooq Hashim for Petitioners. Manzoor Ahmed for Respondent No. 1. Abdul Majeed Ashrafi for Respondent No.2. Ms. Rehana Perveen for Respondents Nos.3, 6, 7 and 11. Nemo for other Respondents. Date of hearing: 21st December, 2004. JUDGMENT SABIHUDDIN AHMED, J.----The petitioners, who own certain properties, to which access is available through Siddiq Wahab Road, appear to be aggrieved by certain constructions raised on the other side of the plots by reducing the width of the road as contemplated by the master plan. It is contended that the original master plan stipulated an 80 feet wide road, but subsequently respondents Nos.3 to 12 raised structures so that the width of the road was reduced to 48 feet only. Mr. M. Farooq Hashim, learned counsel for the petitioners, urged that there was nothing on record to show that the width of the road was lawfully reduced through an amendment made in the master plan according to the legal process. On the other hand, a counter-affidavit was filed by one Mr. Zubair Ahmed, an Assistant Officer in the Land Department, who contended that the master plan had been ammended through a resolution of the City District Government, Karachi, after inviting public objections. However, no record of such objections and subsequent amendment in the plan has been produced. Indeed, when the deponent had no access to any information indicating amendment of the master plan through a legal process, mere reliance on a copy of a resolution is not adequate. It may be added that both in the admission order dated 24-11-1994 as well as the order, dated 27-5-2004 it was observed that the respondents had not filed the appropriate documents…

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