| Case ID |
25fb40a7-6854-4a0f-bf7c-c9af1bb956b0 |
| Body |
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| Case Number |
Civil Revision No. 1168-D of 1990 |
| Decision Date |
Dec 04, 1994 |
| Hearing Date |
|
| Decision |
The Lahore High Court remanded the case after finding that the Additional District Judge failed to consider the principle of 'quantum meruit'. While the lack of a formal written contract was noted, the Court emphasized that if the Local Council benefited from the work done by the petitioner, they were liable to compensate him. The case was sent back for a fresh decision, highlighting the importance of acknowledging services rendered even in the absence of formal agreements. This decision reinforces the legal principle that parties must be compensated for benefits received, regardless of procedural shortcomings in contract formation. |
| Summary |
In the case of Sufi Faiz Ahmad vs. Metropolitan Corporation, Lahore High Court, the petitioner sought recovery of Rs.20,000 for building works completed at a primary school. The absence of a formal contract was contested, leading to an appeal by the respondents after the trial court's favorable ruling for the petitioner. The Lahore High Court noted the mandatory nature of local council rules regarding contract execution but upheld the principle of 'quantum meruit', stating that benefits derived from services must be compensated. This case emphasizes the necessity for local councils to honor informal agreements when they receive substantial benefits, thus protecting the rights of contractors and promoting fairness in municipal dealings. The judgment serves as a significant reference for future disputes involving informal contracts and the obligations of local government entities. |
| Court |
Lahore High Court
|
| Entities Involved |
Metropolitan Corporation
|
| Judges |
MALIK MUHAMMAD QAYYUM, J
|
| Lawyers |
S.A. Naeem,
Muhammad Iqbal Chaudhry,
Syed Fida Hussain
|
| Petitioners |
Sufi FAIZ AHMAD
|
| Respondents |
METROPOLITAN CORPORATION, Lahore High Court and others
|
| Citations |
1997 SLD 655 = 1997 CLC 599
|
| Other Citations |
Ali Muhammad v. Karachi Metropolitan Corporation and another 1985 CLC 1730
|
| Laws Involved |
Punjab Local Councils (Business) Rules, 1980,
Punjab Local Councils (Contract) Rules, 1981,
Contract Act (IX of 1872)
|
| Sections |
R. 9,
R. 3,
65,
70
|