| Case ID |
2b4f66a5-5dd9-4516-82bd-0fc79922560f |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 95 |
| Decision Date |
Oct 08, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Abdul Lateef Dar regarding the cancellation of his allotment for a building plot. The court found that the petitioner failed to comply with the condition of depositing 20% of the price of the plot, which was a prerequisite for the allotment and delivery of possession. The court upheld the decision of the lower courts and the arbitrator, emphasizing that the obligations of both parties were reciprocal. The petitioner could not unilaterally avoid payment due to the government's failure to deliver possession of the entire plot. The court concluded that there was no merit in the petition and that the cancellation of the allotment was justified. |
| Summary |
This case revolves around the cancellation of a plot allotment to Abdul Lateef Dar in Satellite Town, Rawalpindi. The petitioner was allotted Plot No. 67 E in exchange for Plot No. 92 A but failed to pay the necessary 20% down payment as per the conditions outlined in the allotment circulars. The Supreme Court assessed the obligations of both the government and the petitioner, affirming that the petitioner was required to make the advance payment irrespective of possession issues. The court referenced previous case law, indicating that the cancellation was lawful due to the petitioner's non-compliance. The decision highlights the importance of adhering to contractual obligations and the legal framework governing plot allotments, making it a significant case for real estate law and contractual disputes in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
District Allotment Committee,
Holy Family Hospital
|
| Judges |
ANWARUL HAQ, C.J.,
SHAFI UR REHMAN, J
|
| Lawyers |
Bashir Ahmad Ansari, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate on-Record
|
| Petitioners |
ABDUL LATEEF DAR
|
| Respondents |
ANOTHER,
DISTRICT ALLOTMENT COMMITTEE, SATELLITE TOWN RAWALPINDI
|
| Citations |
1980 SLD 248,
1980 SCMR 322
|
| Other Citations |
Champasy Bhara & Company v. Jivraj Balloo Spinning & Weaving Company Ltd. A I R 1923 P C 66
|
| Laws Involved |
Contract Act (IX of 1872)
|
| Sections |
51,
54,
55
|