Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ----Ss.42, 54---Suit for declaration and injunction---Contractual liability---Terms and conditions of contract---Tentative price quoted in a brochure---Respondents/plaintiffs assailed letter issued by defendant Pakistan Housing Authority (PHA) raising extra demand towards final consideration amount of houses in question---Trial Court decreed the suit in favour of respondents / plaintiffs and directed defendant / Authority to hand over possession to respondents / plaintiffs without payment of extra money--- Validity--- Relationship between appellant / PHA and respondents / plaintiffs was contractual in nature---Provisions of brochure issued by PHA and terms and conditions attached with application forms were of binding contractual force on the parties---Court could not alter terms of contract or rewrite contract or create a new contract between the parties---Contract was to be read as a whole and not be dissected---Terms of contract were to be construed strictly without altering nature of the contract---Respondents / plaintiffs were put on notice that prices quoted in brochure were tentative and were liable to be revised--- Respondents / plaintiffs applied for apartments under the Project, entered contractual realm and could not then make a grievance of revised rates--- Appellant / PHA had a responsibility to act fairly and reasonably while fixing price for sale of apartments belonging to it--- Direction given by Trial Court to appellant / PHA to give possession of apartments to respondents / plaintiffs without demanding additional cost had effect of directing PHA to sell them at a price that could result in a loss to it--- Demand of appellant / Authority was not something contrary to contract between parties and was envisaged by terms and conditions of the brochure---High Court set aside and decree passed by Trial Court---Appeal was allowed, in circumstances. Abdul Waheed v. Additional District Judge PLD 2021 Lah. 453; Pakistan Real Estate Investment and Management Company (Pvt.) Ltd. v. Sky Blue Builders 2021 CLD 518; Pakk U.K. Association (Pvt.) Ltd. v. The Hashemite Kingdom of Jordan 2017 CLC 599; Montage Design Build v.…

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