| Case ID |
09e59fe6-dbb4-4071-9dde-fe9de965ba0b |
| Body |
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| Case Number |
Regular First Appeals Nos.197 of 1998 and 268 of 1 |
| Decision Date |
Jun 13, 2002 |
| Hearing Date |
May 13, 2002 |
| Decision |
The Lahore High Court dismissed the appeals filed by the appellant, affirming the trial court's decision which allowed the respondent's suit for specific performance of the agreement to sell. The court found that the respondent had demonstrated readiness and willingness to perform his part of the agreement. The appellant failed to establish any breach of the agreement or that the suit was barred by limitation. Furthermore, the agreement dated 23-4-1989 was deemed a valid novation of the earlier agreement, thereby entitling the respondent to specific performance. The court emphasized that time was not the essence of the contract and the respondent's actions indicated a commitment to fulfill his obligations under the agreement. |
| Summary |
In the case of Hamid Ali Khan vs. Khalid Mumtaz, the Lahore High Court dealt with a dispute regarding the specific performance of a contract for the sale of immovable property. The court examined the agreements made between the parties, particularly focusing on the compromise reached on 23-4-1989, which effectively substituted the earlier agreement of 4-4-1981. The court ruled that the respondent had been ready and willing to perform his obligations, while the appellant failed to fulfill his part of the agreement. The court also highlighted that the time was not the essence of the contract, allowing the respondent to claim specific performance despite the appellant's arguments regarding limitation and readiness. This case reinforces the legal principles surrounding contracts and specific performance, particularly in property transactions, making it a significant reference for future cases involving similar legal issues. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Mian Saqib Nisar,
Mian Hamid Farooq
|
| Lawyers |
Dr. Hameed Ahmad Ayaz,
Mian Hameed-ud-Din Kasuri,
Khalid Iqbal Mian
|
| Petitioners |
Hamid Ali Khan
|
| Respondents |
Khalid Mumtaz
|
| Citations |
2003 SLD 2518 = 2003 CLC 496
|
| Other Citations |
PLD 1961 Kar. 599,
PLD 1969 Journal 17,
PLD 1974 Note 53 at p.92
|
| Laws Involved |
Specific Relief Act (I of 1877),
Contract Act (IX of 1872),
Limitation Act (IX of 1908)
|
| Sections |
12,
55,
62,
Art. 113
|