Law: Contract, Act, 1872

Section: 32

Law: Specific Relief Act, 1877

Section: 12

(a) Contract Act (IX of 1972)--- ----S.32---Specific Relief Act (I of 1877), S.12---Agreement to sell---Enforcements of contract contingent on an event happening---Scope---Plaintiff filed suit on the basis of agreement to sell allegedly executed by defendants---Defendants acknowledged the agreement to sell and denied allegation of breach of promise contending that ownership rights were not bestowed upon them---Contesting defendant claimed exclusive ownership of the property---Trial Court decreed the suit whereas Appellate Court dismissed the suit---Validity---Agreement to sell revealed that the defendants had represented themselves as haqdaranin the agreement but no reference to any document of ownership was made---One of the conditions of the agreement, material for the purposes of adjudication, was that the plaintiff would be entitled to seek enforcement of the agreement by resorting to court upon default on the part of the defendants to execute deed after acquiring ownership rights in the property, which core condition remained unfulfilled throughout---Enforcement of agreement to sell was subject to a contingency till defendants acquired ownership---Right to sue was not available to the plaintiff in the facts of the case---Revision petition, being without merits, was dismissed, in circumstances. Jameel Ahmed v. Saifuddin PLD 1994 SC 501 distinguished. (b) Contract Act (IX of 1972)--- ----S.32---Specific Relief Act (I of 1877), S.12---Agreement to sell---Enforcements of contract contingent on an event happening---Scope---Right to obtain specific performance of a contract was a statutory right, which in essence was a vested right of action which enabled a person to approach court for enforcement---Question before High Court was whether any such person could approach a court or exercise such right of action when it was subject to or conditioned with the happening of an event and such contingency/condition remained unachieved/ unfulfilled---Held; no such right could be exercised unless contingency or condition was fulfilled. Muhammad Anwar v. Muhammad Aslam and others 2012 SCMR 345 rel. JUDGMENT ASIM HAFEEZ, JUSTICE.---- This Civil Revision impugns judgment and…

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