| Case ID |
3ce77fa7-1894-4d79-a072-008c46ea3314 |
| Body |
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| Case Number |
Civil Petition No.2768-L of 2001 |
| Decision Date |
Apr 09, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the lower court's decision. The court held that the plaintiffs failed to produce the original agreement to sell, which was essential for their case. The acknowledgment made by Daulat Ali on behalf of the plaintiffs was not sufficient to grant relief since it was not ratified by the vendors. Additionally, the suit was barred by time as it was filed after three years from the date of the registered sale-deed executed by the vendors. The court emphasized that there was no privity of contract between the plaintiffs and the vendors, and the acknowledgment in favor of the plaintiffs could not be accepted without the vendors' endorsement. Consequently, the suit was rightly dismissed for lack of evidence and competency. |
| Summary |
This case revolves around the Specific Relief Act of 1877, specifically focusing on Section 12 which deals with the specific performance of agreements to sell. The Supreme Court of Pakistan analyzed the failure of the plaintiffs to produce the original agreement to sell, which was pivotal to their claim. The court also highlighted the importance of having a direct contract between the plaintiffs and the vendors, which was absent in this case. The acknowledgment made by a third party, Daulat Ali, was deemed ineffective without the vendors' consent. The court reiterated that the plaintiffs' suit was barred by the statute of limitations as it was filed well after the allowable period post the execution of the sale deed. The ruling underlines the necessity for proper documentation in real estate transactions and the legal implications of failing to uphold such requirements. This case serves as a significant reference for understanding the intricacies of property law in Pakistan and the enforcement of agreements under the Specific Relief Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN HAMID FAROOQ,
SYED ZAWWAR HUSSAIN,
JAFFERY,
SHEIKH HAKIM ALI
|
| Lawyers |
Not available
|
| Petitioners |
ALLAH RAKHA through L.Rs and others
|
| Respondents |
MUHAMMAD RIAZ and others
|
| Citations |
2009 SLD 1772,
2009 SCMR 1045
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
12
|