Law: Specific Relief Act, 1877

Section: 10

Specific Relief Act (I of 1877)---.--- ---.----S. 10---.---Recovery of immovable property/ money---.---Auction of scrap on weight basis---.---Plaintiffs were auction purchasers of scrap weighing 14,12,061 kilograms against a sum of Rs. 7,60,000---.---Grievance of plaintiffs was that when they had lifted 7,23,600 kilograms of scrap, defendant declined to allow lifting of remaining scrap---.---Plaintiffs sought recovery of outstanding scrap and in alternative, damages amounting to Rs. 30,00,000---.---Single Judge of High Court decreed the suit in favour of plaintiffs to the extent of Rs. 3,70,544---.---Validity---.---Single Judge of High Court had rightly held that auctioned scrap was sold on 'weight basis' and not on 'as on whereas basis'---.---Plaintiffs were rightly found to be entitled to proportionate compensation for quantity of scrap not supplied to them who failed to adduce evidence that they were entitled to a decree for more than Rs. 3,70,544 being actual cost of scrap not supplied to them---.---Division Bench of High Court declined to interfere in passed by the Single Judge of High Court and rejected claim of plaintiffs to that extent---.---Intra court appeal was dismissed accordingly. Muhammad Imran Khan v. Ehsanullah 2016 MLD 418; Muhammad Akhan v. Muhammad Sultan 2015 CLD 1951; NBP v. General Tyre and Machinery 1996 CLC 79; Muhammad Siddique v. Mst. Noor Bibi PLD 2016 Lah. 140; Kazim Ali v. Liaquat Ali 2016 PCr.LJ 487; Bakht Zada v. Saifur 2015 YLR 2125; Bismillah Textile v. HBL 2008 CLC 504; Allah Dino v. Haji Ahmed PLD 2006 Kar. 148; Bank of Punjab v. Muhammad Ramzan 2006 CLD 539; Mumtaz H. Khan v. Muhammad Hussain 2001 CLC 946; Ahmed Miaji v. Eakun Ali Munshi PLD 1961 Dacca 259; P.K. Basak v. Gossen and Co. PLD 1957 Dacca 233; Daulat Ali and others v. Ahmad and others PLD 2000 SC 792 and Messrs Muhammad Amin Muhammad Bashir Limited and another v. Pakistan and others 2000 CLC 1559 ref. THIS JUDGMENT DELIVERED BY: IRFAN SAADAT KHAN, JUSTICE:---.--- This High Court Appeal has been filed against the judgment and decree dated 4.6.1996 and 8.7.1996 respectively passed by the learned Single Judge in Suit No.712 of 1981 filed by the respondents against…

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