Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S.42---Suit for declaration and recovery of damages---Professional incompetence---Unethical behaviour---Plaintiff claimed damages from defendants on the plea that despite payment of initial charges and all required documents, defendants could not take him to perform Umrah---Contention of defendants was that due to change in Umrah Policy of Saudia Arabia, plaintiff could not visit to perform Umrah---Validity---Defendants claimed to be well known and reputable tour operators for Haj and Umarah---Defendants were required to know policies of governments at the relevant time in order to avoid inconvenience to genuine applicants---If there was a policy of government that an individual below the age of 40 years could not perform Umrah without being accompanied by his family, then defendants in the first place should have refused to accept the documents, passport and initial payment from plaintiff but they did not---Defendants accepted documents and through their conduct, made the plaintiff believed that he would be traveling to perform Umrah---Any individual or entity engaged in business of tour operators and that too for Hajj, Umrah and Ziaraat, was expected to demonstrate higher standard of business ethics without compromising their principles for commercial consideration---Plaintiff was entitled to general damages and defendants were jointly and severally liable to pay damages to plaintiff---Suit was decreed accordingly. Abdul Majeed Khan v. Tawseen Abdul Haleem 2012 CLD 6 and Sufi Muhammad Ishaque v. The Metropolitan Corporation, Lahore PLD 1996 SC 737 rel. JUDGMENT MUHAMMAD FAISAL KAMAL ALAM, J.----This Suit is filed, primarily, seeking compensation for the breach of commitment (as averred) by the private Defendants. Plaint contains the following reliefs_ 1. That the Plaintiff be granted a Decree for Rs.20,000/- with 18% Markup till its realization which was paid vide Receipt No.RA-004068 dated 02-09-2006 as advance part payment out of Rs.82, 000/- total Umrah Package offered and Umrah Visa Stamping was undertaken. 2. That a decree for Rs.50,00,000/- as damages for causing mental agony, torture, injuries to the religious…

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