| Case ID |
2cd99b54-6477-4cd1-94ec-dee689471d4c |
| Body |
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| Case Number |
Civil Revision No. 3426 of 2011 |
| Decision Date |
Mar 30, 2022 |
| Hearing Date |
Jan 25, 2022 |
| Decision |
The Lahore High Court dismissed the civil revision filed against the concurrent findings of the Trial Court and Lower Appellate Court, which had decreed the suit for specific performance of an agreement to sell. The Court found no illegality in the concurrent decisions, noting that the suit was timely filed within the limitation period. The judgment emphasized that the absence of a specific date for performance in the agreement did not invalidate the claim. The Court reaffirmed the rights of the respondents based on the execution of the General Power of Attorney by the legal heirs of the deceased, which had established a cause of action. The ruling highlighted the enforceability of the agreement despite the non-fulfillment of construction conditions, as the monetary consideration remained unchanged. The decision underscores the principles of specific performance and the rights of parties in real estate transactions. |
| Summary |
In the case of Civil Revision No. 3426 of 2011 decided by the Lahore High Court, the central issue was the enforcement of an agreement to sell real estate under the Specific Relief Act, 1877, and the Limitation Act, 1908. The case revolved around the petitioners, Mst. Mukhtar Begum and others, challenging a decree favoring the respondents, Mst. Mumtaz Asghar (deceased) and others, for specific performance. The Court examined the concurrent decisions of the lower courts, which had upheld the plaintiff's right to enforce the agreement despite arguments regarding the failure to construct on the property as stipulated in the contract. The judges emphasized that the absence of a specific execution date did not preclude the suit from being within the limitation period, thus allowing the claim to proceed. The decision serves as a significant reference point for future cases involving real estate agreements and specific performance, clarifying the conditions under which such agreements can be enforced, particularly when construction conditions are not met. The ruling reaffirms the importance of contractual obligations in real estate transactions and the protections afforded to parties under the law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ASIM HAFEEZ, J
|
| Lawyers |
Sh. Usman Karim-ud-Din for Petitioners,
Syed Ali Hassan and Rai Asif Mehmood Kharal for Respondents Nos.1(i) to 1(v)
|
| Petitioners |
Mst. MUKHTAR BEGUM and 5 others
|
| Respondents |
Mst. MUMTAZ ASGHAR (DECEASED) through L.Rs. and 2 others
|
| Citations |
2022 SLD 2145,
2022 MLD 1474
|
| Other Citations |
Government of Balochistan, CWPPH Department and others v. Nawabzada Mir Tariq Hussain Khan Magsi and others 2010 SCMR 115,
Harsan v. Iqbal Pervaiz and 9 others 2016 YLR 2516,
Tariq Shabeer v. Muhammad Ijaz 2007 YLR 1369,
Chiragh Din and another v. Akram Mohiuddin and 4 others 2008 MLD 252,
Syed Hakeem Shah (Deceased) through LRs and others v. Muhammad Idrees and others 2017 SCMR 316,
Mst. Bhaghan and 2 others v. Sh. Muhammad Latif and 2 others PLD 1981 Lah. 146,
Sami ul Haq v. Dr. Maqbool Hussain Butt and others 2001 SCMR 1053,
Mst. Umatul Mobeen v. Muhammad Aziz 2010 YLR 1216,
Sinaullah and others v. Muhammad Rafique and others 2005 SCMR 1408
|
| Laws Involved |
Specific Relief Act, 1877,
Limitation Act, 1908
|
| Sections |
12,
113
|