Law: Contract Act (IX of 1872)

Section: 2(h)

Contract Act (IX of 1872)--- ----S. 2(h)---Constitution of Pakistan (1973), Art. 199---Constitutional petition-- Transfer of rights in plot and building constructed thereon, to petitioner through agreement by respondent body---Petitioner's name not substituted in place of respondent---Authority claimed that verbal orders had been issued by Chief Minister not to entertain any application for transfer in respect of plots allotted out of Chief Minister's discretionary quota in which category petitioner's plot fell---Effect---No law authorised Chief Minister or for that matter any functionary to pass omnibus order without examining merits of each case nor would law visualize verbal order affecting rights of citizens---Written order duly supported by reasons was required to be passed in each case---Application of petitioner for transfer could not have been refused merely on verbal instructions issued by Chief Minister---Petitioner being transferee of plot was entitled to have the plot transferred to her name---Authority was directed to forthwith give effect to transfer in the name of petitioner in record. Ali Ahmad Awan for Petitioner. Arif Chaudhry for Respondents. Date of hearing: 30th October, 1996. JUDGMENT   Through this petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner claims that plot bearing No.l-A/25 Block-P measuring 1 Kanal situated in Model Town Extension Scheme was allotted by the respondent to Abid Bashir son of Bashir Ahmad vide order dated 24-7-1990. Pursuant to the above, the allottee after having paid the price of the plot and other charges obtained possession of the plot which was later on transferred by him to Robeena Aziz wife of Nasir Ali. This transfer was given effect to in the record of the respondents on 3-4-1993 with the result that the plot stood transferred in the name of Robeena Aziz. She after having the building plan sanctioned constructed a double storey building on the plot. Completion certificate was issued by the respondents to her. Mst. Robeena Aziz transferred her right in the plot and the building constructed thereon to the petitioner through an agreement after…