Law:

Section:

(a) Contract Act (IX of 1872) S. 55 Agreement to sell property Time not essence of the agreement Transferors had taken upon themselves the legal obligation to obtain Capital Gains Tax Clearance Certificate Delay in obtaining the certificate and exchange of correspondence between the parties with regard to obtaining, of Capital Gains Tax Clearance Certificate by the transferors would have no adverse reflection on the case of the transferees and the time for completion of sales stood extended and transferors were legally estopped to take advantage of their own omissions. Amina Bibi v. Mudassar Aziz PLD 2003 SC 430 ref. (b) Contract Act (IX of 1872) S. 55 Agreement to sell property Transferors had themselves postponed the execution of sale deed because till then they could not get Capital Gains Tax Clearance Certificate Transferors, in circumstances, would 'be responsible for not performing their part of obligation. (c) Contract Act (IX of 1872) S. 22 Agreement to sell property -Transferors were legally bound to obtain Capital Gains Tax Clearance Certificate before registration of sale deed Failure to incorporate clause relating to such legal obligation in the sale agreement being a mistake of law, would render the whole agreement void. (d) Contract Act (IX of 1872) S. 55 Agreement to sell property Correspondence between the parties revealed that both the parties were at fault respectively, towards the performance of their specific obligations, arising out of agreement to sell Held, time was not essence of the contract in circumstances. Amina Bibi v. Mudassar Aziz PLD 2003 SC 430 fol. Asad Zaheeruddin v. Sub Registrar 1987 CLC 786;. Mst. Musharaf Begum v. Abdul Wahab 1999 CLC 1820; Abdul Hamid v. Abbas Bhai Abdul Hussain PLD 1962 SC 1; Muhammad Yaqub v. Muhammad Nasrullah Khan PLD 1986 SC 497; Alakhram v. Kulwantin Bai AIR 1950 Nag. 238; Jamshed v. Burjorji AIR 1915 PC 83; Pearl Mill Co. Ltd. v. Ivy Tannery Co. Ltd. 1919 (1) KB.78; Ashfaque Ahmed Sheikh v. State PLD 1972 SC 39 (citation is not correct because it deals with 'contempt matter'); Abdul Karim v. Muhammad Shafi 1993 SCMR 225 and Saidur Rehman v. Nasrullah Jan 1993 SCMR 231 ref. (e) Contract Act (IX of…

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