Law:

Section:

(a) Words and phrases-   Vest-Vesting of plot of land in person connotes such person's possession of land and his exercising control over it.   (b) Contract Act (IX of 1872),   Ss. S & 7-Proposal-Re vocable before completion of communication of its acceptance--Acceptance of proposal-Absolute and unqualified-Revocation of proposal and communication of acceptance-Controllable by terms of agreement.   Shah Jamil Alam for Plaintiffs.   Muzaffar Hassan for Defendants.   Date of hearing: 6th May 1959.     JUDGMENT   The Trustees of the Port of Karachi have filed this suit against Messrs Muhammad Bakhsh & Sons for the recovery of Rs. 54,428-6-0 as damages suffered by the plaintiffs and interest on the amount of damages claimed by them.   The facts are that the plaintiffs made a public auction of leasehold rights of certain plots of land on the 2nd of December 1951. The plots were situated near the Beach Luxury Hotel and included plot No. 26. The defendants gave the highest bid for plot No. 26. Their bid was to purchase the rights at the rate of Rs. 61 per sq. yard. The area of the plot which they wanted to purchase was 1,450 sq. yards. The auction was made subject to the conditions which are contained in Exh. 10. According to condition No. 2 the successful bidder had to deposit 25 per cent of the purchase price immediately after the auction. The plaintiffs therefore gave a cheque dated the 2nd of December 1951, drawn on the Mercantile Co-operative Bank Limited, Karachi, for Rs. 22,112-8-0, which was one-fourth of the price of the lease rights calculated at the rate of Rs. 61 per square yard. The cheque was presented to the drawee Bank and was dishonoured on the 4th of December 1951. The plaintiffs there upon demanded the amount of the cheque from the defendants and in default of payment, threatened to re-auction the plot at the risk and cost of the defendants. The defendants did not pay the money and have raised various objections from time to time. Ultimately, the plaintiffs re-auctioned the plot on the 30th of March 1952, and were able to sell the leasehold rights of the plot at the rate of Rs. 26 per…