Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)- Dispute over payment of consideration for sale of lease­hold rights u, plots of land--Petitioner found to have been playing with time of Court and invariably attempting to wrigle out of agreement made in presence of two Courts below--Held, Supreme Court would not interfere in a case where a party intends to take undue advantage of its own designed commitment by taking shelter behind pleas which cannot be legally sustained--Leave to appeal refused. Bashir Ahmad Ansari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Raja Muhammad Akram, Advocate Supreme Court and M. Afzal Siddiqui, Advocate-on-Record for Respondent. Date of hearing: 28th January, 1984. ORDER MIAN BURHANUDDIN KHAN, J.-- The Capital Development Authority Islamabad had granted lease-hold rights on fixed premium and ground rent in regard to Plots Nos.333-340 and 349-356, Sector 1-9, Islamabad for a period of thirty years commencing 26-8-1965 to the respondents for the purpose of establishing an industry. The respondents, it is alleged, failed to develop the plots till the end of 1980. The respondents, however, entered into an agreement for sale assignment of the lease-hold rights in the said plots for the remainder period of about 15 years with the petitioners for a total consideration of Rs.17,50,000 and in order to enable the petitioners to fulfil the obligations under the agreement, executed a general power-of-attorney in favour of Rafique Ahmad Bhatti, Managing Director of the petitioner ­Company. 2. The petitioner, due to certain differences between the parties, filed Civil Suit No.75 of 1983 in the Court of Senior Civil Judge, Islamabad, on 27-7-1983, and the Court on 5-6-1983 recorded the statement of Rafiq Ahmad Bhatti Managing Director of the petitioner ­Company to the effect that he has accepted the offer of the defendant and the plaintiff firm will deposit Rs.3 lacs upto 30-6-1983 in the Court or the same amount will be paid in the Court by a draft to the defendants. Besides this, the rest of the amount will be paid according to the order of the Court. In case the first mentioned amount is not deposited by him…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492