Mst. SHAH SULTAN vs Syed JAMEEL SHAH Ss — 2021 CLC 1451 PESHAWAR-HIGH-COURT

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Mst. SHAH SULTAN VS Syed JAMEEL SHAH Ss.12 & 29---Contract Act (IX of 1872), S. 187---Qanun-e-Shahadat (10 of 1984), Arts.102 & 103---Suit for specific performance of agreement to sell---Express and implied authority---Evidence of terms of contracts, grants and other disposition of property reduced to form of document---Exclusion of evidence of oral agreement---Scope---Plaintiff filed suit for specific performance of agreement to sell stating therein that the son/brother of defendants (now deceased) sold his share in suit property as well as that of defendants while acting on their behalf---Trial Court decreed the suit to the extent of executor's property while dismissing the claim to the extent of defendants' property---Appellate Court allowed the appeal of plaintiff and decreed the suit---Validity---Recital of the agreement depicted that it was nowhere stated that the executor was signing the agreement on behalf of other co-owners, who happened to be his mother, sisters and brothers, and executed the agreement by putting his signature over it---Agreement was not executed on behalf of other co-owners---Contract of sale must be definite and precise and if it was uncertain it must be held to be void under S.29 of Specific Relief Act, 1877---Specific performance was an equitable relief and the contract of which specific performance was sought must appear to be correct and precise and no oral evidence was admissible to add to the terms of contents of the agreement---Son/brother had no authority by virtue of his relation alone to contract on behalf of his mother/sisters or brothers without their authority---Revision petition was allowed, judgment and decree of Appellate Court were set aside and that of Trial Court was restored.

Mst. SHAH SULTAN vs Syed JAMEEL SHAH Ss — 2021 CLC 1451 PESHAWAR-HIGH-COURT

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