| Case ID |
eca204c1-db8b-492d-a930-fb6caef67cbc |
| Body |
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| Case Number |
Civil Revision Petition No. 78-B of 2015 |
| Decision Date |
Feb 11, 2019 |
| Hearing Date |
Feb 11, 2019 |
| Decision |
The Peshawar High Court dismissed the revision petition, affirming the decisions of the lower courts which had ruled in favor of the plaintiffs. The court held that the evidence presented, including the roznamcha entries and the mutation, substantiated the plaintiffs' claim for specific performance of the contract. The court emphasized that the plaintiffs had paid the sale consideration and were willing to fulfill their contractual obligations, while the defendant was unwilling to perform their part. The court found no illegality or irregularity in the judgments of the lower courts, maintaining that the plaintiffs had established their entitlement to specific performance under the relevant sections of the Specific Relief Act and the Khyber Pakhtunkhwa Land Revenue Act. |
| Summary |
This case revolves around a civil revision petition concerning a dispute over a contract for the sale of land. The plaintiffs claimed that they had entered into a contract with the defendant for the sale of property for a consideration of Rs. 2,82,000/- but faced issues when the defendant refused to execute the sale deed after initially agreeing to the terms. The courts below had decreed in favor of the plaintiffs, leading to the defendant filing this revision petition. The Peshawar High Court upheld the lower court's decisions, emphasizing the importance of proper documentation and adherence to legal procedures in land transactions. The case highlights significant legal principles concerning specific performance, contract enforcement, and the role of revenue authorities in land transactions under the Khyber Pakhtunkhwa Land Revenue Act. Key legal provisions referenced include sections of the Specific Relief Act and the Khyber Pakhtunkhwa Land Revenue Act, which outline the rights and obligations of parties in land sale agreements. The ruling reinforces the necessity for parties to adhere to contractual obligations and provides a precedent for similar cases involving specific performance claims. Key terms include 'specific performance,' 'contract enforcement,' 'land transaction,' and 'Khyber Pakhtunkhwa Land Revenue Act.' |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NASIR MAHFOOZ, JUSTICE
|
| Lawyers |
Sardar Naeem Khan,
Muhammad Ishaq Khan Khattak
|
| Petitioners |
LAL SAHIB GUL
|
| Respondents |
6 OTHERS,
ZIA UD DIN
|
| Citations |
2019 SLD 2646,
2019 YLR 2385
|
| Other Citations |
Haji Ilahi Bakhsh v. Noor Muhammad and others PLD 1985 SC 41,
Zulfiqar and others v. Shahadat Khan PLD 2007 SC 582
|
| Laws Involved |
Specific Relief Act, 1877,
Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)
|
| Sections |
12,
21,
22,
42,
42(3),
43
|