| Case ID |
1ee56524-1019-43e2-8f03-c58598e52182 |
| Body |
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| Case Number |
C.P. No. S-1235 of 2018 |
| Decision Date |
Sep 18, 2018 |
| Hearing Date |
Sep 18, 2018 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Mushtaque Ali, asserting that the enforcement of certain sale agreements must be pursued in appropriate proceedings before a competent court, where evidence can be presented. The court emphasized that such matters are not maintainable under Article 199 of the Constitution. The petitioner alleged that he entered into a sale agreement regarding agricultural land, but the respondent failed to fulfill his contractual obligations, leading to litigation. However, the court concluded that the issues raised were not suitable for constitutional review and should be resolved through standard legal processes. |
| Summary |
In the case of Mushtaque Ali vs. Province of Sindh, the Sindh High Court addressed the complexities surrounding the enforcement of sale agreements under the Constitution of Pakistan, 1973. The petitioner, Mushtaque Ali, claimed that a sale agreement concerning agricultural land was violated by the respondent, which led to ongoing litigation. The court held that disputes over property rights and the enforceability of agreements must be adjudicated through proper legal channels, emphasizing the importance of presenting both oral and documentary evidence in court. The ruling highlighted the limitations of constitutional petitions in resolving private disputes, reaffirming that such matters should be settled in courts of competent jurisdiction. The decision serves as a critical reference for future cases involving property disputes and contractual enforcement under Pakistani law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Khadim Hussain M. Shaikh, J.
|
| Lawyers |
Shahid Sahito,
Mr. Muhammad Aleem Arain,
Mr. Habib-ur-Rehman Jamali
|
| Petitioners |
MUSHTAQUE ALI
|
| Respondents |
PROVINCE OF SINDH through Home Secretary Karachi and 3 others
|
| Citations |
2024 SLD 3937,
2024 PLJ 14
|
| Other Citations |
1999 SCMR 2381
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|