Case Details

Citation(s)
1983 SLG 229 1983 SLD 229 1983 SCMR 235
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 79/R of 1981, decision dated: 2-11-1982.(On appeal from the judgment and order of the Sind High Court dated 18 1 1981 in Rev. 358 of 1980)
MUHAMMAD AFZAL ZULLAH, SHAFI UR REHMAN AND MIAN BURHANUDDIN KHAN, JJ
A. K. Dogar, Advocate Supreme Court of Pakistan and G. M. Chowdhry, Advocate on-Record for Petitioner. Nemo for
Respondents

MESSRS QURESHI CONSTRUCTION Co. LTD.

VS

GOVERNMENT OF SIND AND ANOTHER

Law:

Section:

Contract Act (IX of 1872) --S. 73 Breach of contract No breach of contract committed by respondent transferor in respect of terms of transfer of lane.' Applicant hence, entitled to force any other terms on respondent Subsequent decision reducing rate of sale price being applicable to allotments made after allotment of plots to applicant, reduction of rate, held, applicable to future transactions and not to applicant's transaction. ORDER MIAN BURHANUDDIN KHAN, J. This petition is directed against judgment and order of the Sind High Court dated 18 1.1981 passed in Revision No. 358 of 1980. 2. The petitioner was allotted two industrial plots in the Korangi Industrial Area measuring 10,000 sq. yds. @ Rs. 10 persq yard. The possession was delivered to the petitioner and the first instalment Rs. 2/50 per sq. yard was deposited with respondent No. 2 on 25 4 1962. 3. On 19 8 1963 the Government of Pakistan (Rehabilitation and Works Division) framed a policy, reviewed their previous policy and in para. 4 of the Policy letter reduced the price of Industrial plots in order to encourage the industrialization in the area. It is stated by the petitioner that after the issuance of aforesaid policy letter of 19 8 1963 he offered to purchase the plots @ Rs. 4 per sq. yard but the respondents insisted that Rs. 10 per sq. yard was the real price. In letter dated 11 8 1969 the petitioner was asked to deposit the balance of the cost of the plots. Later on, the Government of Pakistan took a decision on 10.2 1970 that rate of Rs. 10 per sq. yard was the proper rate and,…
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