IBAD-UR-REHMAN versus KARACHI DEVELOPMENT AUTHORITY

Estoppel, based on Estoppel's equivalence doctrine of section 41 of the Act IV of 1882 Applicable to the transfer of good faith and good faith, occurs only if the transferor owns the immovable property or the immovable property The property is owned by an interested person. ]

1981 C L C 1260

[Karachi]

Before Zaffar Hussain Mirza, J

IBAD‑UR‑RAHMAN‑Appellant/Plaintiff

versus

THE KARACHI DEVELOPMENT AUTHORITY

AND ANOTHER‑Respondents /Defendants

Second Appeal No. 70 of 1975, decided on 16th January, 1980.

Transfer of Property Act (IV of 1882)‑-----

---------S. 41‑Applicability‑Section 41 of Act IV of 1882‑Based upon equitable doctrine of estoppel operating between true owner and transferee in good faith‑Estoppel arises only in case of transferor held ostensible owner of property with consent express or implied of person interested in immovable property.‑[Estoppel].

Noor Muhammad v. Karachi Development Authority P L D 1975 Kar. 373 ref.

Tanzilur Rehman for Appellant.

Mirza Yakoob Beg for Respondent No. 1.

S. M. Raza for Respondent No. 2.

Dates of hearing : 5th November, 1979 and 16th January, 1980.

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