| Case ID |
2af8abb6-ed8e-40e9-882a-105280e07f83 |
| Body |
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| Case Number |
Civil Petition No. 5632 of 2021 |
| Decision Date |
Nov 16, 2023 |
| Hearing Date |
Nov 16, 2023 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the Islamabad High Court that had dismissed the Regular First Appeal of the petitioners. The court found that the petitioners failed to perform their obligations under the agreement to sell the property, as they refused to accept the balance sale consideration from the vendee. The court noted that the refusal to accept payments was unjustified and constituted a breach of contract. The petitioners did not demonstrate that they were ready and willing to fulfill their part of the agreement. Consequently, the petition was dismissed, and the leave to appeal was declined. |
| Summary |
In the case of MASOOD AHMAD BHATTI vs. KHAN BADSHAH, the Supreme Court of Pakistan addressed issues related to the Transfer of Property Act and Specific Relief Act concerning the sale of a property known as 'Najeeb Plaza'. The case revolved around the refusal of the petitioners to accept payment for the property from the vendee, which was not consistent with the terms of the initial agreement. The court emphasized the importance of fulfilling contractual obligations and the necessity for the vendee to demonstrate readiness and willingness to perform. The ruling reinforced the principle that a vendor cannot unjustly refuse payment and subsequently seek to avoid the contract. The decision highlights key legal principles regarding specific performance and the obligations of parties in a sale agreement. This case serves as a significant reference for future disputes involving property transactions and contract enforcement. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Yahya Afridi,
Ayesha A. Malik,
Syed Hasan Azhar Rizvi
|
| Lawyers |
Hassan Raza Pasha, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record
|
| Petitioners |
,
MASOOD AHMAD BHATTI
|
| Respondents |
,
KHAN BADSHAH
|
| Citations |
2024 SLD 61,
2024 SCMR 168
|
| Other Citations |
Not available
|
| Laws Involved |
Transfer of Property Act, 1882,
Specific Relief Act, 1877
|
| Sections |
54,
12
|