| Case ID |
5e77446d-2aad-48a1-90a7-1abd2f4e8f23 |
| Body |
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| Case Number |
C.R. No. 64-13 of 1982 |
| Decision Date |
Apr 17, 1993 |
| Hearing Date |
Apr 17, 1993 |
| Decision |
The revision petition was dismissed, affirming the trial court's decree in favor of the respondent, Mrs. Mussarat Imtiaz. The Lahore Improvement Trust's demand for land acquisition charges was ruled as illegal. It was determined that the agreement between the parties did not enforce any obligation for the respondent to surrender land for roads or pay costs for excess land, as the recitals in the agreement were not enforceable under the law. The court emphasized that the operative part of the contract, which clearly delineated the area of land and the obligations regarding development charges, superseded any ambiguous recitals. The respondent had complied with her obligations by paying development charges, and thus no further payments were owed. The decision reinforces the principles of contract interpretation, particularly the precedence of operative clauses over recitals in legal agreements. |
| Summary |
This case revolves around a dispute between the Lahore Development Authority (L.D.A.) and Mrs. Mussarat Imtiaz regarding land acquisition and development charges under the Contract Act (IX of 1872). The Lahore High Court ruled that the respondent was not obligated to surrender any portion of her land for roads or pay any additional charges, as the terms of the original agreement did not enforce such conditions. The court's decision highlighted the importance of clear and enforceable contract terms, emphasizing that recitals in contracts serve primarily to elucidate the parties' intentions but do not constitute binding obligations unless explicitly stated in the operative clauses. This case is significant in contract law, particularly in clarifying the distinction between recitals and operative parts of agreements, and reinforces the legal rights of property owners against undue claims for land acquisition. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN NAZIRAKHTAR, J
|
| Lawyers |
A.R. Arshad,
Ch. Muhammad Farooq
|
| Petitioners |
L.D.A.
|
| Respondents |
Mrs. MUSSARAT IMTIAZ
|
| Citations |
1993 SLD 1235,
1993 PLD 933
|
| Other Citations |
Hamid Bakhshu v. Md. Irahim Meah PLD 1956 Dacca 132
|
| Laws Involved |
Contract Act (IX of 1872)
|
| Sections |
10,
2(h)
|