| Case ID |
1fe1a373-0159-413f-91bf-75c772b6c7d6 |
| Body |
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| Case Number |
IInd Appeal No. 70 of 2014 |
| Decision Date |
Mar 03, 2017 |
| Hearing Date |
Dec 15, 2016 |
| Decision |
The Sindh High Court dismissed the second appeal filed by the appellant, affirming the findings of the first appellate court. The court ruled that the appellant had knowledge of an existing agreement between the plaintiff and the vendor regarding the sale of the property. The appellant's claim that the first appellate court had erred in reversing the trial court's decision was rejected. The court emphasized the importance of good faith in transactions involving property and highlighted that the appellant failed to provide evidence to negate the knowledge of the prior agreement. Consequently, the court upheld the decision of the first appellate court, which had granted specific performance of the contract in favor of the plaintiff. |
| Summary |
This case revolves around a dispute regarding the specific performance of a contract for the sale of a commercial property. The appellant, Mushtaq A. Patel, entered into an agreement with the vendor, Muhammad Ibrahim, despite the existence of an earlier agreement between the vendor and the plaintiff, Muhammad Islam. The plaintiff had made earnest money payments and consistently expressed readiness to fulfill his contractual obligations. The court examined the principles of good faith and the responsibilities of subsequent transferees regarding prior agreements. The decision underscores the significance of adhering to contractual agreements and the legal ramifications of entering into agreements with knowledge of existing contracts, establishing a precedent in property law. The ruling emphasizes the necessity for parties in property transactions to act in good faith and to be aware of any existing agreements before proceeding with new transactions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Rasheed Ahmed Soomro,
Mushtaq A. Patel
|
| Lawyers |
M. Khalid,
Mahar Khan
|
| Petitioners |
Muhammad Islam through Legal Heirs and Others
|
| Respondents |
Rasheed Ahmed Soomro
|
| Citations |
2017 SLD 2558,
2017 YLR 2459
|
| Other Citations |
PLD 2004 SC 465,
Mst. Sarwar Bano v. Province of Sindh PLD 2015 (Sindh) 445,
Dr. Ghulam Hussain and 3 others v. Ahmed Nawaz and 8 others 2013 MLD 1845,
Muhammad and 2 others v. Mst. Banuk Naz Khatoon 1989 CLC 1819,
Riaz Khan and 3 others v. Muhammad Amir and another 2004 MLD 581,
Muhammad Anwar v. Muhammad Aslam 2012 SCMR 345,
Mst. Noor Jehan others v. Muhammad Rafique and and others 1995 CLC 43,
Muhammad Saleem v. Muhammad Shafi 2004 YLR 1882,
Muhammad Ayoub Khan v. Ch. Muhammad Aslam and another 1984 CLC 2259,
Bashir Ahmed v. Abdul Majid 1992 CLC 1069,
Motilal Jain v. Smt Ramdasi Devi and others AIR 2000 Supreme Court (India) 2408,
Federation of Pakistan v. Muhammad Farid Khan PLD 1960 (W.P) Peshawar 111,
Mansoor Ahmed Khan v. Muhammad Farooq and another 1999 MLD 3329,
Ghulam Hussain and another v. Muhammad Hussain 1986 CLC 770,
Muhammad Siddique and 2 others v. Mst. Shagufta Begum another, 1994 CLC 1690,
Talib Hussain v. Noor Muhammad 2012 YLR 2335,
Mst. Roshi and others v. Mst. Fateh and others 1982 SCMR 542,
Mst. Sardar Begum v. Muhammad Ilyas and another 2013 CLC 1013,
Government of N.W.F.P. through Secretary Forests, Peshawar and others v. Said Akbar Shah and Company PLD 2002 (Supreme Court) 394
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code, 1908
|
| Sections |
12,
27(b),
100
|