| Case ID |
44d36071-edac-4971-a572-859798c48b24 |
| Body |
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| Case Number |
Suit No. 1003 of 1979 |
| Decision Date |
Oct 02, 2014 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the plaintiff, Messrs Alahram Builders Limited, for specific performance of a contract regarding a plot of land. The court found that the plaintiff had a valid contract with the Pakistan Defence Officers Housing Authority, which was established under the Cooperative Societies Act, 1925. The court determined that the defendant had failed to provide sufficient evidence to contest the assertions made by the plaintiff regarding the acceptance of their offer and the subsequent actions taken by both parties. The court emphasized the principle of estoppel, which prevented the defendant from denying the validity of the agreement after the plaintiff had acted upon it, including the payment of earnest money and the acceptance of the allotment order. The judgment reinforced the importance of following due process in contractual agreements and highlighted the legal obligations of the parties involved in real estate transactions. |
| Summary |
In the landmark case between Messrs Alahram Builders Limited and the Pakistan Defence Officers Housing Authority, the Sindh High Court addressed significant legal principles involving specific performance of contracts. The plaintiff, a private limited company, sought the enforcement of an agreement to purchase a plot of land for the construction of a supermarket and multi-storeyed apartments. This case highlights critical aspects of contractual law, including the doctrine of estoppel, which prevents parties from retracting agreements after they have acted upon them. The court found that the defendant's actions, which included returning earnest money and attempting to cancel the allotment, were unjustified. This decision serves as a vital reference for future real estate and contract law cases, emphasizing the necessity for parties to adhere to their commitments. |
| Court |
Sindh High Court
|
| Entities Involved |
PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY,
Messrs ALAHRAM BUILDERS LIMITED
|
| Judges |
MUHAMMAD SHAFI SIDDIQUI, J
|
| Lawyers |
Mushtaq A. Memon,
Ishtiaq A. Memon,
Amir Malik
|
| Petitioners |
Messrs ALAHRAM BUILDERS LIMITED
|
| Respondents |
PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY through Secretary Managing Director
|
| Citations |
2015 SLD 513,
2015 PLD 261
|
| Other Citations |
PLD 1969 Kar. 474,
PLD 1970 Lah. 235,
PLD 2005 Kar. 188,
Civil Appeal No.K-82 of 1972,
2006 SCMR 721,
1996 CLC 698,
1999 CLC 723,
2000 CLC 1535,
2006 SCMR 178
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
12,
Os.XI,
XVI,
129,
129(g),
144
|