Law: Specific Relief Act, 1877

Section: 12,22,54

Law: Contract, Act, 1872

Section: 32

Specific Relief Act (I of 1877)--- ----Ss.12, 22 54---Contract Act (IX of 1872), S.32---Suit for specific performance of agreement to sell and injunction---Contingent contract---Description of property, absence of/appellant filed suit for specific performance of agreement to sell executed by defendant/respondent regarding plots allotted to him after execution of the agreements in question--- Trial Court dismissed the suit--- Validity/respondent did not have any specific title of plot which could be transferred through agreements in question/appellant failed to establish execution of agreements as stamp papers for execution of agreements were purchased by plaintiff/appellant himself and not by the seller i.e. defendant/respondent---Both agreements did not contain specific particulars of plot and the agreement did not qualify status of contingent contract, to be enforced by operation of law on account of deficient in terms of S.32 of Contract Act, 1872, which had made contingent contract enforceable by law---No agreement after issuance of final allotment letter i.e. title document--- Only those agreements were enforceable by law under Specific Relief Act, 1877, which had entailed specific, exact and complete details of land/property, coupled with the consideration, while a contingent contract could not be enforced by law until the event had happened--- High Court declined to interfere in and decree passed by Trial Court--- High Court directed defendant/respondent to return amount received from plaintiff/appellant---Appeal was dismissed, in circumstances. Muhammad Miskeen v. District Judge Attock and others 2020 SCMR 406 rel. JUDGMENT FIAZ AHMAD ANJUM JANDRAN, J. Through the instant Regular First Appeal, appellant Bashir Ahmed impugns judgment and decree dated 01.04.2013, passed by the learned Civil Judge 1st Class, Islamabad-West, whereby his suit for specific performance, permanent injunction and recovery of compensation was dismissed. 2. Facts, relevant and necessary for adjudication of the instant appeal are that the appellant filed a suit for specific performance, permanent injunction and recovery of compensation against the respondents with the averments…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492