| Case ID |
394c4ab5-d77b-48fa-af1b-d9997b7e451f |
| Body |
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| Case Number |
Civil Appeals Nos. 943 and 944 of 2002 |
| Decision Date |
Jul 22, 2009 |
| Hearing Date |
Jun 30, 2009 |
| Decision |
The Supreme Court dismissed the appeals while ordering the plaintiff to pay Rs.6 lac per acre for the suit land within a specified timeframe. Failure to do so would result in the dismissal of his suit. The Court emphasized that both parties were at fault regarding their obligations and that time was not of the essence in this contract. The ruling reinforced the principle that specific performance should be granted judiciously, considering the fairness of the contract and circumstances surrounding it. |
| Summary |
This case revolves around the specific performance of an agreement to sell immovable property, highlighting legal principles under the Specific Relief Act and the Contract Act. The Supreme Court analyzed the performance obligations of both parties, determining that neither had acted in full compliance with the agreement's terms. The Court concluded that time was not of the essence for the contract, allowing for flexibility in the performance of the agreement. The decision underscores the importance of equitable relief in contract law and the Court's discretion in enforcing such agreements, particularly when the circumstances indicate that both parties share responsibility for non-compliance. Key legal principles discussed include the need for clean hands in seeking equity, the importance of timely actions in contractual obligations, and the Court's role in determining fairness in contractual agreements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
CH. IJAZ AHMED,
JAWWAD S. KHAWAJA, JJ
|
| Lawyers |
Mian Shah Abbas, Advocate Supreme Court for Appellants (in both cases),
S.M. Naseem, Advocate Supreme Court for Respondent (in both cases)
|
| Petitioners |
MUHAMMAD HUSSAIN and others
|
| Respondents |
Dr. ZAHOOR ALAM
|
| Citations |
2010 SLD 2654 = 2010 SCMR 286
|
| Other Citations |
PLD 1962 SC 1,
PLD 1969 SC 617,
AIR 1915 PC 83,
PLD 1973 SC 39,
PLD 1965 SC 690,
PLD 1970 Lah. 303,
PLD 1907 Lah. 153,
2006 SCMR 1927
|
| Laws Involved |
Specific Relief Act (I of 1877),
Contract Act (IX of 1872),
Constitution of Pakistan (1973)
|
| Sections |
12,
22,
55,
185
|