| Case ID |
2091de44-5f81-42ef-8104-7ae97c0111e3 |
| Body |
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| Case Number |
Civil Petition No. 399-K of 1985 |
| Decision Date |
May 15, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Rashid Khan for specific performance of a contract regarding an open plot of land. The petitioner initially sought damages amounting to Rs. 8,725 due to a breach of contract. The lower court had dismissed the suit, but the High Court later awarded damages of Rs. 4,225 based on the difference between the contracted price and the market value of the land. However, the Supreme Court found that the appeal was limited to the question of damages, and the issue of specific performance was not open for consideration. Consequently, the Court upheld the decision of the High Court regarding damages and dismissed the petition for lack of merit. |
| Summary |
This case revolves around a legal dispute for specific performance of a contract concerning an open plot of land, as per the Specific Relief Act. The petitioner, Rashid Khan, initially filed for specific performance and damages, but the trial court dismissed the suit entirely. On appeal, the High Court granted partial relief by ordering the return of earnest money and awarding damages based on market value differences. The Supreme Court ultimately ruled that the limited nature of the appeal did not allow for the consideration of specific performance, leading to a dismissal of the petition. Keywords include 'specific performance', 'damages', 'contract law', and 'Supreme Court of Pakistan', which are trending in legal discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
S.A. NUSRAT
|
| Lawyers |
Sami-ud-Din Sami, Advocate Supreme Court,
Faizanul Haq, Advocate-on-Record
|
| Petitioners |
RASHID KHAN alias MUHAMMAD RAFIQ KHAN
|
| Respondents |
another,
Haji MUHAMMAD YOUSAF
|
| Citations |
1987 SLD 335,
1987 SCMR 392
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Specific Relief Act (I of 1877)
|
| Sections |
12
|