| Case ID |
ea16a8e9-db37-4aef-8c31-2b9e5ee30b71 |
| Body |
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| Case Number |
R.F.A. No. 329 of 1995 |
| Decision Date |
May 04, 2006 |
| Hearing Date |
May 04, 2006 |
| Decision |
The appeal filed by Sh. Riaz Ahmad against the judgment and decree dated 10.9.1995 is dismissed. The court observed that the appellant did not approach the court with clean hands as he tampered with the agreement to sell by making unauthorized interpolations. The respondent provided compelling evidence that the plaintiff was not ready and willing to perform his part of the contract. The court concluded that specific performance is an equitable relief, and the appellant's conduct precluded him from obtaining such relief. The trial court's decision was affirmed without any illegality or infirmity warranting interference. |
| Summary |
In the case of R.F.A. No. 329 of 1995, heard in the Lahore High Court, the appellant, Sh. Riaz Ahmad, sought specific performance of a contract for the sale of a bungalow. The respondent, Mst. Akhtar Sultana, contested the appeal, asserting that the appellant had tampered with the original agreement. The court examined the evidence presented, highlighting that the appellant had failed to provide convincing proof of his claims while the respondent's evidence was deemed credible. The court emphasized that specific performance is inherently equitable, stating that no relief can be granted to a party who has acted unfairly. Consequently, the appeal was dismissed, reaffirming the trial court's ruling. This case illustrates the importance of maintaining integrity in contractual dealings and the rigorous standards applied by the courts in matters of specific performance. Keywords such as 'specific performance', 'contract law', and 'equitable relief' are essential for understanding the legal principles involved in this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SAEED AKHTAR,
SYED SAKHI HUSSAIN BUKHARI
|
| Lawyers |
Mr. Jhangir A. Jhoja,
Syed Najam-ul-Hassan Kazmi
|
| Petitioners |
Sh. RIAZ AHMAD
|
| Respondents |
Mst. AKHTAR SULTANA
|
| Citations |
2007 SLD 3100,
2007 PLJ 194
|
| Other Citations |
Rab Nawaz and 13 others Vs. Mustaqeem Khan and 14 others (1999 SCMR 1362)
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code, 1908
|
| Sections |
12,
96,
O.XLI, R. 1
|