| Citation(s) |
|---|
| 1997 SLG 595 1997 SLD 595 1997 CLC 302 |
Sindh High Court
Civil Suit No.670 and Civil Miscellaneous No. 4934 of 1995, decision dated: 14-03-1996
RASHEED AHMED RAZVI, J
M.L. Shahani for Plaintiff. Muhammad Maqsood and Nasir Maqsood for Defendant No. 1. Nemo for Defendant No. 2
Civil Suit No.670 and Civil Miscellaneous No. 4934 of 1995, decision dated: 14-03-1996
RASHEED AHMED RAZVI, J
M.L. Shahani for Plaintiff. Muhammad Maqsood and Nasir Maqsood for Defendant No. 1. Nemo for Defendant No. 2
Agha SAIFUDDIN KHAN-----Plaintiff
VS
PAK SUZUKI MOTORS COMPANY LIMITED and another----Defendants
Law:
Section:
(a) Words and phrases--------- Provisional" and "tentative" being synonymous would mean something which was temporary and not final---Whenever such words were used in any contract, they, would have to be read with reference to context of such agreement. Black's Law Dictionary, VIth Edn., Ballantine's Law Dictionary, ford Edn. and Judicial Dictionary rel. Messrs Abdul Razzak & Company v. Assistant Collector for Customs (Appraisement), Karachi PLD 1993 Kar. 227; Muhammad Raza v. Haji Abdul Ghaffar and 6 others PLD 1992 Kar. 17; Mst. Salma Jawaid and 3 others v. S.M. Arshad and 7 others PLD 1983 Kar. 303; Balgamwala Oil Mills (Pvt.) Ltd. v. Shakarachi Trading A.G. and 2 others PLD 1990 Kar. 1 ref. (b) Sale of Goods Act (III of 1930)--- ----S. 58---Specific Relief Act (I of 1877), S. 12---Breach of contract--Remedy---Provision of S. 58, Sale of Goods Act, 1930, would provide remedy to buyer in cases of breach of contract where goods to be delivered were specific and ascertainable---Provisions of Specific Relief Act, 1877 would provide specific relief to plaintiff when monetary compensation was not adequate relief. (c) Sale of Goods Act (III of 1930)--- ----S. 36(2)---Specific Relief Act (I of 1877), S. 12---"Delivery of goods within reasonable time"---Connotation--Defendant was to supply car to plaintiff within specific period---Suit for specific performance=--Maintainability---Such period having expired plaintiff was to have been supplied promised car within "reasonable time '---Cars were admittedly supplied to others in preference to plaintiff without any justification---Defendant being the only company which produced cars of description promised to plaintiff, such fact justified claim of plaintiff for specific performance against defendant. Hoadly v. M Laine (1834) RR 510 and Acebal v. Levy (1834) 38 RR 469 ref. (d) Sale of Goods Act (III of 1930)--- ----S. 36(2)---Specific Relief Act (I of 1877), S. 12---Contract for delivery of car within specified time---Non-delivery of car within specified period---Car ought to have been supplied to plaintiff within "reasonable time" after expiry of specified time---Tentative period of six months would not empower…
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