| Case ID |
205cc238-58d8-4a26-8873-18689c426f29 |
| Body |
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| Case Number |
Civil Revision No. 183 of 1984 |
| Decision Date |
Jul 01, 1987 |
| Hearing Date |
|
| Decision |
The court dismissed the revision petitions while maintaining the judgments and decrees of the lower courts. The court found that the agreement for sale was unenforceable due to the absence of proper authorizations and the minor's property restrictions under the Guardians and Wards Act. Although the earnest money was admitted to have been received, the specific performance of the contract could not be enforced. Instead, the court ordered the return of the earnest money to the petitioners. |
| Summary |
This case revolves around a civil revision concerning the specific performance of a sale agreement, where the petitioners sought to enforce a contract for the sale of land that was allegedly agreed upon with the defendant, Khalid Khan. The petitioners claimed they had paid earnest money to a treasurer who was not authorized to represent Khalid Khan. The court found that the sale agreement was not enforceable as it lacked necessary approvals from the Guardian Court due to the property being owned by minor children. The court emphasized the importance of legal adherence to property transactions involving minors and ultimately ruled in favor of the defendants. The case highlights critical aspects of contract law, guardianship rights, and the protection of minors in property dealings, making it a significant reference point for similar disputes in the future. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Mcthanzmad Ishaq Khan, J
|
| Lawyers |
Muhammad Umar Khan,
Mahfooz Khan
|
| Petitioners |
Noor Muhammad,
Umar Khan,
Bakhtiar,
Shor,
Redi Khan,
Saifur Rehman,
Hazrat Gul,
Hassan Muhammad,
Rehman Gul,
Shahzada,
Said Rehman,
Ahmad Jan,
Anwar Khan,
Amin Gul,
Hazrat Khan
|
| Respondents |
Others,
Khalid Khan
|
| Citations |
1997 SLD 607,
1997 CLC 1765
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Guardians and Wards Act (Vill of 1890)
|
| Sections |
9,
29
|