| Case ID |
ffcbac49-6c9e-4410-a112-268c7c2472ca |
| Body |
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| Case Number |
Civil Appeal No.487 of 1990 |
| Decision Date |
Dec 21, 1991 |
| Hearing Date |
Dec 02, 1991 |
| Decision |
The appeal was dismissed with costs. The Supreme Court upheld the findings of the lower appellate courts that the agreement in question was a mortgage by conditional sale rather than a simple agreement to sell. The agreement could not be enforced as it was a clog on the equity of redemption. The court emphasized that the true nature of the transaction must be assessed based on the terms and conditions stipulated, aligning with the provisions of section 58 of the Transfer of Property Act. |
| Summary |
This case involves a legal dispute over an agreement to sell property that was already mortgaged. The Supreme Court of Pakistan was tasked with determining whether the agreement constituted a sale or a mortgage by conditional sale under the Transfer of Property Act, 1882. The court examined the legal provisions, particularly focusing on sections 53A, 58, and 54, and the implications under the Civil Procedure Code and the Constitution of Pakistan. The appellant, Abdul Sattar, sought specific performance of the agreement, claiming it was a legitimate sale. However, the respondents argued that the agreement was merely a security measure for a loan, constituting a mortgage by conditional sale. The trial court initially favored the appellant, but the decision was reversed by the District Judge and upheld by the High Court, leading to the Supreme Court's involvement. Ultimately, the Supreme Court dismissed the appeal, affirming that the agreement was a mortgage by conditional sale, not enforceable as a sale. This decision highlights the importance of examining the true intent and conditions of property agreements under Pakistani law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muhammad Siddique,
Nankana Sahib, District Sheikhupura
|
| Judges |
SHAFIUR RAHMAN,
RUSTAM S. SIDHWA
|
| Lawyers |
Ch. Khalil-ur-Rehman,
Sh. Salah-ud-Din,
Syed Munir Hussain,
Ch. Muhammad Aslam
|
| Petitioners |
ABDUL SATTAR
|
| Respondents |
12 others,
Mst. SARDAR BEGUM
|
| Citations |
1992 SLD 249,
1992 SCMR 417
|
| Other Citations |
Pomal Kanji Govindji and others v. Vrajlal Karsandas Purohit and others 1990 PSCC 852,
Muhammad Kazam through Legal Heirs v. Mst. Janat Bibi PLD 1985 Lah. 637,
Mathura Kurmi v. Jagdeo Singh and others AIR 1927 All. 321
|
| Laws Involved |
Transfer of Property Act, 1882,
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
53A,
58,
54,
O.VI,R.1,
185(3)
|