Case Details

Citation(s)
2005 SLG 1378 2005 SLD 1378 2005 SCMR 1408
Supreme Court of Pakistan
Civil Appeal No.1077 of 2002, decision dated: 24-05-2005
HAMID ALI MIRZA AND SAIYED SAEED ASHHAD, JJ

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SINAULLAH and others

VS

. MUHAMMAD RAFIQUE and others

Law:

Section:

(a) Contract Act (IX of 1872)-------S. 196---Specific Relief Act (I of 1877), S.12---Specific performance of agreement to sell land---Ratification of an act---Scope---Ratification as required by S.196, Contract Act, 1872 could be made by the person on whose behalf an act has been done by the agent without having authority to perform such act---Necessity required that the person ratifying the act should be in full and complete knowledge of the case and it was the duty of the person claiming ratification of the act done by him on behalf of the principal to establish beyond any doubt that the person who was to ratify the act had been fully explained the facts and circumstances of the case, the consequences thereof as well as of the ratification or refusal to ratify---No material on record was available, in the present case, to establish that such act was performed---Various powers-of-attorney executed by the female co-sharers were not produced in evidence in the Trial Court on account of which it was impossible to find out whether there was any mention of the agreement to sell and whether the female co-sharers had expressly stated therein that they would be bound by the said agreement to sell---Female co-sharers, in circumstances, were under no compulsion to execute sale-deed pertaining to the land and the agreement to sell could not have been specifically enforced against them. Muhammad, Yaqoob v. The Settlement Authority and others 1973 SCMR 484; Surendra Nath Roy v. Kedar Nath Bose and others AIR 1936 Cal. 87; Abdul Hamid v. Abbas Bhai Abdul Hussain Sodawaterwala PLD 1962 SC 1; Ashfaque Ahmad Sheikh v. The State PLD 1972 SC 39; Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344; Zaheer Ahmad and another v. Abdul Aziz and others 1983 SCMR 559; Muhammad Yaqub v. Muhammad Nasrullah Khan and others PLD 1986 SC 497; Mst. Amina Bibi v. Mudassar Aziz PLD 2003 SC 430; Mst. Batul and others v. Mst. Razia Fazal and others 2005 SCMR 544; Momtazul Karim and others v. Abu Hussain and another 1970 SCMR 816; Muhammad Ashraf v. Ali Zaman and others 1992 SCMR 1442; Mrs. Mussarat Shaukat Ali v. Mrs. Safia Khatoon and others 1994 SCMR 2189; Muhammad Bashir…
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