SECRETARY COMMUNICATION AND WORKS DEPARTMENT, GOVERNMENT OF BALOCHISTAN, QUETTA vs ABDUL MAJEED Ss — 2021 CLC 1127 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 1127 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: SECRETARY COMMUNICATION AND WORKS DEPARTMENT, GOVERNMENT OF BALOCHISTAN, QUETTA vs ABDUL MAJEED Ss
Subject matter: Civil
Provisions referred to: S. 23---C; S. 115---S; S. 23; Contract Act (IX of 1872); Civil Procedure Code (V of 1908); Contract Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SECRETARY COMMUNICATION AND WORKS DEPARTMENT, GOVERNMENT OF BALOCHISTAN, QUETTA VS ABDUL MAJEED Ss.12 & 42---Contract Act (IX of 1872), S. 23---Constitution of Pakistan, Art.25---Civil Procedure Code (V of 1908), S.115---Suit for specific performance of agreement and declaration--- Void agreement---Unlawful consideration---Plaintiff / respondent gave his land to defendant / authorities for construction of rest house on the basis of an agreement to provide job/service of class-iv to a person nominated by him---Suit filed by plaintiff / respondent was dismissed by Trial Court but Lower Appellate Court decreed the same in his favour---Validity---Such agreement was not according to law as no post could be filled on recommendation of private persons---Agreement in question had no legal sanctity, it was illegal and against public policy--- No one had a right to be appointed on recommendations of donor of land as the same was in violation of Art.25 of the Constitution--- Agreement of donated land in consideration of employment tantamount to sale of public office which was illegal under S.23 of Contract Act, 1872---Plaintiff/respondent claimed specific performance of void agreement and Lower Appellate Court did not consider such aspect of the matter while passing judgment---High Court set aside judgment and decree passed by Lower Appellate Court as the same was passed illegally and irregularly whereas restored that of Trial Court---Revision was allowed in circumstances.

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