The property in dispute in the present case was purchased by the petitioner for consideration from its ostensible owner and so far the condition .....

 Cases reported as “Ghulam Rasool and others Vs. Noor Muhammad and others” (2017 SCMR 81) and “Muhammad Nawaz Khan Vs. Muhammad Khan and two others” (2002 SCMR 2003). In the latter case (2002 SCMR 2003), it has been held as under:-

 “The property in dispute in the present case was purchased by the petitioner for consideration from its ostensible owner and so far the condition relating to his acting in good faith and taking reasonable care is concerned, the same being a question of fact cannot be properly assessed and determined without recording evidence. We may observe that unless it is found that the transaction was not in good faith; the petitioner was not bona fide purchaser and he did not take reasonable care regarding the power of transferor to transfer the property, he could not be denied the protection provided, under section 41 of the ibid Act. The transfer made pendente lite would not ipso facto become void rather such transfer could not affect the right of the other parties in the suit and thus a sale because of lis pendens would not be regarded as nullity, either it is voluntary or involuntary.”

Part Of Judgment 

IN THE ISLAMABAD HIGH COURT, ISLAMABAD. 

Bakht Baidar VS Ghulam Nabi

Civil Revision-42-2017 | -

Honourable Mr. Justice Ghulam Azam Qambrani