Law:

Section:

Contract Act (IX of 1872)--- ----Ss. 37 & 40---Rescission of contract---Contention of the petitioner was that under one of clauses of contract for the supply of natural gas, petitioners were entitled to rescind the contract as soon as the property where gas was provided was sold to a third person---Contention was repelled as supply of natural gas, electricity and telephone connection, were basic necessities; once a person had purchased a property where such essential services or utilities were provided, the purchaser would step into the shoes of the previous owners and would become privy to the contract entered between the previous landlord and supplier of utilities and essential service---Soon after the purchase of property by the respondents, it had not been shown that the petitioner had any intention to revoke his contract; in such a case supply of essential services and utilities could not be discontinued---Supplier of such services could not pick and choose between the customers---Such utilities and services were a rational resources and the suppliers of such services were under obligation to provide the facility to the citizens---Concerned authority had no lawful right to disconnect the services at their own whims and then claim that under the contract they were not bound to supply the gas to a subsequent vendee. JUDGMENT TARIQ JAVAID, J.---Learned counsel for the petitioner has contended that the. learned First Appellate Court has erred in law in passing the impugned order in as much as that under clause 26 of the Contract for the supply of natural gas, the petitioners were entitled to rescind the contract as soon as the property was sold to a third person. Reliance has been placed on Hafiz Sharafatullah and others v. Federation of Pakistan and others (1995 CLC Quetta 1790) and Syed Umair Akhtar v. LESCO and others (2007 YLR Lahore 272). 2. The proposition canvassed by the learned counsel for the petitioners does not appear to be legally tenable. The supply of natural gas, electricity and telephone connection are basic necessities. Once a person has purchased a property where such essential services or utilities are provided the purchaser steps into…

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