| Case ID |
eb3ea05a-79d7-4476-8c76-0bcb5f238679 |
| Body |
View case body. Login to View |
| Case Number |
Civil Review Petition No. 130-L of 1992 in CA. No. |
| Decision Date |
Nov 16, 1993 |
| Hearing Date |
|
| Decision |
The petitioners filed a petition for review of a judgment dated 11-11-1992, which had dismissed their civil appeal. The petitioners sought specific performance of a land sale agreement but failed to obtain relief from any court, including the trial court, appellate court, and high court. The Supreme Court found that the petitioners were not ready to fulfill their part of the contract despite their claims. The court highlighted that merely showing up at the registrar's office on the appointed day did not constitute readiness to perform the contract. Moreover, the evidence presented by the petitioners was thoroughly reviewed and deemed insufficient to change the previous rulings. The court reiterated that the grant of specific performance is a matter of discretion and can be denied even when execution of the agreement is proven. Ultimately, the Supreme Court dismissed the petition, affirming the lower courts' decisions. |
| Summary |
The case revolves around a civil review petition filed by Abdul Aziz and others before the Supreme Court of Pakistan regarding the specific performance of a land sale agreement. The petitioners had previously sought relief from various courts but were denied on the grounds that they were not ready to perform their obligations under the contract. The Supreme Court reiterated that specific performance is discretionary and can be refused even if the agreement's execution is proven. The judges emphasized the importance of evidence in establishing readiness to perform contractual obligations. This case underscores the courts' authority to deny specific performance based on discretion and the necessity of fulfilling contractual terms. Key legal principles involved include the Supreme Court Rules, 1980, and the Specific Relief Act, 1877. The decision reinforces the need for petitioners to demonstrate clear readiness and willingness to perform contractual duties to succeed in claims for specific performance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
SALEEM AKHTAR,
FAZAL ILAHI KHAN
|
| Lawyers |
learned counsel for the petitioners
|
| Petitioners |
ABDUL AZIZ and others
|
| Respondents |
ABDUL REHMAN and others
|
| Citations |
1994 SLD 497 = 1994 SCMR 111
|
| Other Citations |
Not available
|
| Laws Involved |
Supreme Court Rules, 1980,
Constitution of Pakistan (1973),
Specific Relief Act (I of 1877)
|
| Sections |
OXXVI, R.1,
Art 188,
S. 12
|