Law:

Section:

(a) Contract Act (IX of 1872)--- - ----S. 55---Specific Relief Act (I of 1877), S.12---Constitution of Pakistan 1973), Art. 185(3)---Contract for sale of immovable property---Supreme Court granted leave to appeal to examine questions, inter alia, whether in the facts and circumstances of case, parties had intended the time to be essence of contract or by their subsequent conduct, the time had become the essence of contract. (b) Specific Relief Act (I of 1877)--- ----S. 12---Cooperative Societies Act (VII of 1925), S.19(2)---Bye-Laws of Lahore Cantonment Cooperative Housing Society, Bye-Law 17(3)---Civil Procedure Code (V of 1908), O.VIII, R.2---Constitution of Pakistan (1973), Art. 185(3)---Suit for, specific performance of agreement to sell plot allotted to defendant in Cooperative Hosing Society---Suit was decreed by Courts below---Contention of defendant (allottee) was that such agreement was void and unenforceable owing to restriction placed on her by S.19(2) of Cooperative Societies Act, 1925 and Bye-Law 17(3) of Bye-Laws of Lahore Cantonment Cooperative Housing Society---Validity---Defendant in preliminary objections had only asserted that agreement was void and unenforceable, but had not even indirectly pleaded such bar---Such plea had not been pressed before High Court---Fact that plaintiff was not member of Society had neither been pleaded nor even alluded to---Restriction on power of an allottee of plot in Society to transfer same to a non-member might be a question of law, but the circumstance, whether plaintiff was or was not a member of Society was certainly a question of fact, which ought, to be pleaded before building any argument on the same---Common practice between allottee-members of a Society to part with rights and interest in share capital or property allotted to them in Society in favour of a third party and Society was generally not arrayed as party to agreement or suit--­Dispute essentially remained between vendor and vendee---Supreme Court disallowed the defendant to raise such objection and dismissed his appeal. (c) Lahore Cantonment Cooperative Housing Society Bye-Laws--- ----Bye-Law 17(3)---Cooperative Societies Act (VII of 1925),…

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