Law: Contract Act, 1872

Section: 36

Law: Contract Act, 1872

Section: 36

Law: Specific Relief Act, 1877

Section: 12

(a) Contract Act (IX of 1872)-------S. 36---Specific Relief Act (I of 1877), S.12---Suit for specific performance of sale agreement---Suit plot allotted to vendor by Development Authority in lieu of his acquired land cancelled from his name after such agreement---Dismissal of suit by Trial Court upheld by Appellate Court---Validity---When party to a contract became incapable to perform its part thereunder due to reason beyond its control, then contract, even though valid and enforceable initially, would become invalid and un-enforceable---Neither void contract could be enforced nor would suit for its enforcement be entertainable---Such overt act of Development Authority was as an act beyond control of vendor---Impugned s were not suffering from any illegality or material irregularity---High Court dismissed revision petition in circumstances. (b) Contract Act (IX of 1872)--- ----S. 36---Specific Relief Act (I of 1877), S.12 ---Valid contract subsequently becoming invalid---Suit for enforcement of such contract---Maintainability---When party to a contract became incapable to perform its part thereunder due to reason beyond its control, then contract, even though valid and enforceable initially, would become invalid and unenforceable---Neither void contract could be enforced nor would suit for its enforcement be entertainable. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---Where court below either exercised jurisdiction not vested in it or failed to exercise jurisdiction so vested or exercised vested jurisdiction illegally or with material irregularity, then High Court could interfere in its or set aside same. Sana Ullah Zahid for Petitioners. JUDGMENT MUHAMMAD AZIM KHAN AFRIDI, J.--- Muhammad. Khursheed and others hereinafter referred to as the petitioners have impugned in the instant revision, judgment and decree dated 6-5-2005, passed by learned Additional District and Sessions Judge, Islamabad, vide which appeal of the petitioner against judgment and decree dated 31-3-2004, passed by learned Civil Judge Islamabad, was dismissed. 2. Brief facts giving rise to the instant revision petition are that Muhammad…

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