| Case ID |
39b4bcfe-459f-44e5-ad36-e814649876f5 |
| Body |
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| Case Number |
Civil Petition No. 3367 of 2018 |
| Decision Date |
Feb 21, 2022 |
| Hearing Date |
Feb 21, 2022 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, upholding the dismissal of the suit for specific performance of an agreement to sell immovable property under the Specific Relief Act, 1877. The court held that the plaintiff failed to prove the proper execution of the agreement and the payment of sale consideration. Additionally, the suit was time-barred as it was filed after more than nine years without a plausible reason for the delay. Consequently, the orders of the trial and appellate courts burdening the alleged vendor to pay double the sale consideration were set aside. The court clarified that the petitioner, being a subsequent purchaser, could not claim the payment of double sale consideration and was bound to repay if already received. The petition was dismissed as meritless. |
| Summary |
In the landmark case Civil Petition No. 3367 of 2018, the Supreme Court of Pakistan delivered a significant judgment on February 21, 2022, addressing the complexities of specific performance under the Specific Relief Act, 1877, and constitutional provisions. The petitioners, SARDAR TARIQ MASOOD, MAZHAR ALAM KHAN MIANKHEL, and QAZI MUHAMMAD AMIN AHMED, contested the dismissal of their suit for specific performance filed in the Islamabad High Court. The core issue revolved around the alleged failure of the plaintiff to prove the execution of the sale agreement and the subsequent payment of the sale consideration. Furthermore, the suit was challenged for being time-barred, as it was filed more than nine years after the agreement without a justified reason for the delay. The petitioner, subsequently being the new purchaser of the disputed immovable property, found their claims invalidated due to the established findings against the proforma respondent. The Supreme Court, led by Justice MAH JABEEN ASHFAQ, meticulously reviewed the case, emphasizing the necessity of timely legal action and the burden of proof in specific performance cases. The decision underscores the judiciary's stance on upholding contractual obligations while ensuring that actions are taken within prescribed legal timeframes. This case serves as a precedent for future litigations involving property disputes, emphasizing the importance of adherence to legal procedures and the timely execution of justice. Legal professionals and parties engaged in similar disputes can draw insights from this ruling, highlighting the critical aspects of proving contractual agreements and the repercussions of delayed legal actions. The judgment not only reinforces the principles laid out in the Specific Relief Act and the Constitution but also provides clarity on the responsibilities of subsequent purchasers in property transactions. By setting aside the lower courts' orders requiring double the sale consideration, the Supreme Court has delineated the boundaries of legal liabilities and the conditions under which they can be modified or nullified. This ruling is a testament to the Supreme Court's role in ensuring justice is served comprehensively, balancing the interests of all parties involved while adhering to the rule of law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Islamabad High Court,
Supreme Court of Pakistan,
Constitution of Pakistan, 1973,
Specific Relief Act, 1877,
Appellate Court
|
| Judges |
Justice MAH JABEEN ASHFAQ
|
| Lawyers |
Zaheer Bashir Ansari,
Nemo
|
| Petitioners |
MAZHAR ALAM KHAN MIANKHEL,
QAZI MUHAMMAD AMIN AHMED,
SARDAR TARIQ MASOOD
|
| Respondents |
others,
NOOR MAHI
|
| Citations |
2022 SLD 1171,
2022 SCMR 1093
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877,
Constitution of Pakistan, 1973
|
| Sections |
12,
187(1)
|