Case Details

Citation(s)
2014 SLG 1646 2014 SLD 1646 2014 CLC 322
Sindh High Court
Suit No.119 of 2006 and C.M.A. No.3077 of 2009, decision dated: 28-08-2013.
MUHAMMAD ALI MAZHAR, J

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Mrs. SHABEENA FARHAT--Plaintiff

VS

Messrs HIGHWAY HOUSING PROJECT and 2 others----Defendants

Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), O.XII, R.6---Suit for specific performance of agreement to sell---Decree on admission---Principle---Written statement, consideration of---Plaintiff filed application for passing of decree in her favour on the basis of admission made by defendant company in its written statement---Validity---Admission must be taken as a whole and it was not permissible to rely on a part of admission ignoring the rest---Plaintiff asserted on the basis of statement of defendant company that it had agreed to execute lease but on the other hand plaintiff ignored remaining part of statement which showed that it was merely an offer for resolution of entire controversy by way of amicable solution---Court could not accept one portion of written statement as admission while ignoring rest of the statement where it had refuted claim of plaintiff---Neither written statement filed by defendant company nor subsequent statement filed by it in Court could be treated unqualified, unconditional, clear, specific and or unambiguous or unequivocal admission---Application was dismissed in circumstances. G.R. Syed v. Muhammad Afzal 2007 SCMR 433 and Mrs. Haseena v. Mrs. Shafqat Malik 2001 CLC 1224 ref. Syed Waqar Haider Zaidi v. Mst. Alam Ara Begum 2013 CLC 535; Kassamali Alibhoy v. Shaikh Abdul Sattar PLD 1966 (W.P.) Kar. 75; Wazedunnessa Khatun v. Daliladdin alias Dalu and others 1971 DLC 703; Messrs Gerry's International (Pvt.) Ltd. v. Messrs Qatar Airways PLD 2003 Kar. 253 and Dudh Nath v. Suresh Chandra AIR 1986 SC 1509 rel. Badar Alam for Plaintiff. Abdul Qadir Khan for Defendants. Date of hearing: 22nd April, 2013. ORDER MUHAMMAD ALI MAZHAR, J.--- The plaintiff has brought this application under Order XII, Rule 6, C.P.C. and prayed that the suit may be decreed to the extent of the specific performance of contract in terms of prayer clause (a) of the plaint. 2. The brief facts of the case are that the defendant No.1 had announced a housing scheme namely Highway Housing Project in the year 1978. The plaintiff got booked a commercial plot No.CA/15 measuring 120 sq.yards and paid the entire sale consideration but the…
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