Caveat emptor

2000 YLR 1161 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Words and PhrasesS.6Specific Relief Act (I of 1877), S.56Civil Procedure Code (V of 1908), O. VII, R.11Suit for injunctionPlaint, rejection of

Plaintiff purchased a fiat in a building which was constructed under the cover and in spite of status quo order during the proceedings before the Court

Disputed building was constructed in violation of approved site plan

High Court had already decided the case against builder

Contention raised by the plaintiff was that he was a bona fide purchaser for valuable consideration without knowledge of any violation of rules committed by the builder

Validity

During the proceedings of the suit filed by the builder, a report of Local Commissioner was filed wherein it was mentioned that disputed building was vacant

Plaintiff did not have a prima facie case for injunction and he had come to the Court with unclean hands

Plaintiff had made a false statement on oath with regard to obtaining possession of disputed building

Suit of plaintiff was mala fide as the fiats had been constructed in gross violation of law abusing the process of the Court

Relief claimed by plaintiff could not be granted under provisions of Specific Relief Act, 1877

Plaintiff having filed the suit knowing fully well that such suit was not maintainable and vexatious to his knowledge plaint was rejected under O. VII R.11, C.P.C. with costs in circumstances.

1999 PLD 75 PESHAWAR-HIGH-COURT Judicial Precedent

Words and Phrases"Caveat emptor" (Let the buyer beware)Underlying principle

Scope and limits of the application of the term stated.