Law:

Section:

Transfer of Property Act (IV of 1882)------S. 41---Bona fide purchaser/purchaser in good faith---Requirements---Broad guiding principles for determination of bona fide purchaser are that the transferor is the ostensible owner; that he is so by the consent, express or implied of the real owners; that the transfer is for consideration and that the transferee has acted in good faith taking reasonable care to ascertain that the transferor has power to transfer. Mst. Aimna Bi v. Mst. Bivi and others 1993 MLD 1207; Muhammad Jamil and others v. Lahore Development Authority and 3 others 1999 SCMR 2015; Muhammad Sabir Khan and 13 others v. Rahim Bakhsh and 16 others PLD 2002 SC 303 ref. Sh. Naveed Shahryar and Miss Sumera Afzal for Appellants. Ch. Inayat Ullah for Respondents. Dates of hearing: 1st and 2nd December, 2005. JUDGMENT SYED ZAHID HUSSAIN, J.--- A suit for possession instituted by the appellants qua the suit property situated in Mohallah Qureshian, Lala Musa, (fully described in the plaint) was contested by the respondents and was decreed in the first instance by the learned trial Court on 9-6-1990. On appeal however, the matter was remanded by the Appellate Court vide judgment 4-3-1996. On retrial of the matter, the suit was again decreed by the learned trial Court on 8-10-1997. The appeal preferred there against was however, accepted by the learned Additional District Judge, Kharian on 30-6-1998. This is regular second appeal in that context. 2. Assailing the judgment of the learned Appellate Court, it is contended that the Court had itself found that the true owner was Mst. Iqbal Begum but despite that respondent No. 1, has been held to be the bona fide purchaser who had purported to purchase the same from one Muhammad Younas who had no title whatsoever, in the property. According to the learned counsel, for proving the plea of bona fide purchaser the preconditions/ingredients. factual/legal were not satisfied by respondent No. 1, the Appellate Court thus acted illegally in reversing the well-reasoned judgment of the trial Court. It is further contended that respondent No.1 did not act with reasonable care nor made any inquiry as to the ownership of the…

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