| Case ID |
16721a46-dc0d-4f61-ab9d-b4696005c696 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 794 of 1985 |
| Decision Date |
Nov 12, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to the petitioners, allowing them to deposit the remaining balance of the sale price in a timely manner and underscoring the need for the trial court to expedite the partition suit. The court recognized that the injunction order had hindered the petitioners from complying with the trial court's directive to pay the balance amount. The decision emphasized that the petitioners had made sincere efforts to fulfill their obligations under the sale agreement, and the court directed the trial court to resolve the pending partition suit within six months, ensuring justice was served in the matter. |
| Summary |
In the case of Civil Petition for Leave to Appeal No. 794 of 1985, the Supreme Court of Pakistan addressed a dispute involving a sale agreement for two shops in Faisalabad. The petitioners had entered into an agreement to sell the property for Rs. 25,00,000, with an earnest payment of Rs. 4,00,000. The contract stipulated that the sale would be completed by September 15, 1984. However, the respondent did not complete the sale, leading the petitioners to file a suit for specific performance. The case was complicated by an injunction issued in a related partition suit, preventing the sale of the property. The court acknowledged the complexities of the case, particularly the issue of res judicata and compliance with court orders. Ultimately, the Supreme Court granted leave to appeal, allowing the petitioners an opportunity to fulfill their contractual obligations while ensuring the partition suit was resolved expeditiously. This case highlights the intersection of contract law and property disputes in Pakistan, emphasizing the importance of timely legal remedies and the court's role in facilitating justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
JAVID IQBAL,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Ch. Khalilur Rehman,
Sh. Salah-ud-Din,
A.R. Shaikh,
Abul-Aasam Jaafry
|
| Petitioners |
3 others,
Mian FAROOQ IQBAL
|
| Respondents |
Haji NAWAZ KHAN
|
| Citations |
1987 SLD 265,
1987 SCMR 226
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
S. 11,
O.XXXIX, R.4
|