| Case ID |
1a592073-b4fa-4346-b476-521dce726b58 |
| Body |
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| Case Number |
C.R. No. 906-P of 2019 |
| Decision Date |
Nov 27, 2019 |
| Hearing Date |
Nov 27, 2019 |
| Decision |
The Peshawar High Court dismissed the revision petition filed by the petitioners against the respondents. The court found that the petitioners had failed to establish a prima facie case for the grant of an interim injunction to prevent the respondents from constructing on the disputed property. The court noted that the petitioners had not commenced construction as per the agreement and had not taken necessary permissions from authorities. Additionally, the court stated that the nature of the contract required prolonged supervision, making specific performance difficult. The court upheld the decision of the Lower Appellate Court, which had previously set aside the injunction granted in favor of the petitioners. Thus, the petitioners were not entitled to the relief sought. |
| Summary |
This case revolves around a legal dispute concerning the Specific Relief Act, 1877, where the petitioners sought specific performance of an agreement to construct a plaza on land owned by the respondents. The case highlights critical aspects of contract law, particularly the inability of the petitioners to demonstrate that they had commenced construction as stipulated in the contract. The court's ruling emphasizes the importance of establishing a prima facie case and the challenges of enforcing long-term contracts. The decision underscores the legal principles surrounding injunctions and the necessity for clear evidence of compliance with contractual obligations. The case serves as a significant reference for understanding the application of the Specific Relief Act in contractual disputes, making it relevant for legal practitioners and scholars alike. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
WIQAR AHMAD
|
| Lawyers |
Ihsanullah,
Syed Abdul Haq
|
| Petitioners |
KHAN BAHADAR AND OTHERS
|
| Respondents |
MIR ABDUL QAYYUM AND ANOTHER
|
| Citations |
2020 SLD 993,
2020 CLC 893
|
| Other Citations |
PLD 1978 SC 220,
2006 SCMR 688,
2010 SCMR 973,
PLD 2012 (AJ&K) SC 7,
2007 MLD 54,
2007 YLR 2311,
2008 CLC 1462,
2010 MLD 1596,
2018 YLR 2417,
PLD 2005 Pesh. 132,
2007 YLR 2190,
2010 CLC 1843,
2012 YLR 1430,
2012 MLD 1323,
2012 YLR 809 (H.C. AJ&K),
2019 CLC 1,
2019 YLR 1721,
1986 SCMR 820,
2004 CLD SC 1530
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
22,
42,
54
|