| Case ID |
51499334-ca5c-49c1-8e2e-84fd108e6b6e |
| Body |
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| Case Number |
High Court Appeal No. 52 of 1988 |
| Decision Date |
Apr 15, 1991 |
| Hearing Date |
Mar 26, 1991 |
| Decision |
The appeal was dismissed as the court found that the plaintiffs did not serve any direct notice to the defendants regarding the refusal to perform the contract. The service through publication in the daily 'Jang' was deemed insufficient. The period of limitation for filing the suit for specific performance could not be reckoned from the date of publication. The court held that the plaintiffs were indeed within the time limit to file their suit and that the subsequent transferees had no notice of the original agreement, thus the transaction was valid under the provisions of the Specific Relief Act. |
| Summary |
In the case of High Court Appeal No. 52 of 1988, the Sindh High Court addressed the complexities surrounding the specific performance of a land sale agreement. The plaintiffs, Messrs Pak United Housing Enterprise, contended that the defendants had breached an agreement made on May 28, 1971, for the sale of land. The plaintiffs alleged that the defendants failed to fulfill their obligations, leading to the filing of a suit for specific performance. The court deliberated on the adequacy of notice served to the plaintiffs regarding the cancellation of the agreement. The ruling emphasized the importance of direct notice, dismissing the sufficiency of publication in newspapers as adequate service. The court ultimately found the plaintiffs' suit was within the prescribed limitation period, thus allowing them to seek specific performance. The case highlights critical aspects of property law, including the requirements for notice and the rights of bona fide purchasers. This ruling is pivotal for future cases involving land transactions and the enforceability of sale agreements, establishing precedents regarding notice and the burden of proof in contractual disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MAMOON KAZI,
SALAHUDDIN MIRA
|
| Lawyers |
Ansar Hussain,
NA. Farooqui,
Burney Dastgir,
A.K. Lakhani
|
| Petitioners |
Messrs PAK UNITED HOUSING ENTERPRISE
|
| Respondents |
RAMZAN,
Respondent No. 5 Allah Warayo,
Respondent No. 6 Mohammad Mubeen,
Respondent No. 7 M/s. Ever Gold Enterprise,
Respondent No. 8 M/s. Rais Amrohavi Foundation
|
| Citations |
1992 SLD 963,
1992 CLC 1678
|
| Other Citations |
Not available
|
| Laws Involved |
Transfer of Property Act (IV of 1882),
Specific Relief Act (I of 1877),
Limitation Act (IX of 1908),
Contract Act (IX of 1872)
|
| Sections |
53-A,
27,
Art. 113,
37
|