| Case ID |
2e8683c6-f1cd-444f-a2cd-872cf28d34b4 |
| Body |
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| Case Number |
624 of 1992 |
| Decision Date |
Apr 24, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the instant appeal, setting aside the judgments and decrees of both the High Court and the first appellate Court. The trial Court's decree for specific performance of the agreement to sell was restored, mandating the plaintiff/appellant to deposit Rs.80,000 plus 15% mark up from 28-05-1985. If the deposit is not made within the stipulated two months, the suit shall be dismissed. |
| Summary |
In the landmark case of Muhammad Nawaz vs. Mst. Ahmad Bibi and others, the Supreme Court of Pakistan deliberated on Civil Appeal No: 624 of 1992, delivering its decision on April 24, 1994. Central to the case was the interpretation of the Specific Relief Act, 1877, particularly Section 12, concerning the specific performance of an agreement to sell. The appellant, Muhammad Nawaz, sought the court's intervention to enforce an agreement to sell dated May 5, 1973, for a sum of Rs.80,000, of which Rs.65,000 had been allegedly paid. The respondents contested the authenticity of the agreement and the receipt, alleging forgery and deceit. The trial Court initially favored the appellant, but subsequent appeals led to conflicting judgments from the appellate courts. The Supreme Court meticulously analyzed provisions of the Civil Procedure Code, 1908, including Order 41, Rule 33, which grants extensive powers to the Appellate Court. The Court emphasized the necessity of upholding legal presumptions of document authenticity unless substantial evidence of tampering is presented. With references to precedential cases like Messrs S.M. Yusuf and Bros. v. Mirza Muhammad Mehdi Pooya and Anath Nath Biswas v. Dwarka Nath Chakravarti, the Supreme Court highlighted the judiciary's role in ensuring justice and equity. The decision underscored the importance of adhering to procedural norms while exercising judicial discretion. By restoring the trial Court's decree, the Supreme Court reinforced the sanctity of contractual agreements and the legal mechanisms available for their enforcement. This case serves as a pivotal reference for legal practitioners dealing with contract disputes and the application of specific relief in Pakistan's judicial system, ensuring that contractual obligations are honored and that deceit in transactions is adequately addressed. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Supreme Court of Pakistan,
Civil Judge, Faisalabad,
Additional District Judge, Faisalabad
|
| Judges |
SALEEM AKHTAR,
SAIDUZZAMAN SIDDIQUI,
WALI MUHAMMAD KHAN
|
| Lawyers |
Ch. Nabi Ahmed Cheema,
Mr. M. Munir Peracha
|
| Petitioners |
MUHAMMAD NAWAZ
|
| Respondents |
others,
Mst. AHMAD BIBI
|
| Citations |
1995 SLD 604,
1995 SCMR 466
|
| Other Citations |
Messrs S.M. Yusuf and Bros. v. Mirza Muhammad Mehdi Pooya PLD 1965 SC 15,
Muhammad Khaleef Sherazi AIR 1926 PC 34,
Anath Nath Biswas v. Dwarka Nath Chakravarti AIR 1939 PC 86
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code, 1908,
Constitution of Pakistan, 1973
|
| Sections |
12,
O.XLI, R.33,
Rule 22 of Order XLI, C.P.C.,
Order 41, Rule 33, C.P.C.,
Art. 185(3)
|