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Mst. REHMAT vs Mst — 2021 SCMR 1534 SUPREME-COURT

Case information

Citation
2021 SCMR 1534 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
Mst. REHMAT vs Mst
Subject matter
Civil
Provisions referred to
S. 12; S. 54; S. 51; Property Act (IV of 1882); Contract Act (IX of 1872); 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

Mst. REHMAT VS Mst. ZUBAIDA BEGUM S. 12 ---Transfer of Property Act (IV of 1882), S. 54 ---Contract Act (IX of 1872), Ss. 51 & 55---Specific performance of agreement to sell immoveable property---Whether time was essence of the agreement and whether the vendor could revoke the sale agreement---Held, that no cut-off date was given in the sale agreement for the payment of remaining sale consideration as it was settled between the parties that the remaining sum could be paid at the time of registration of sale deed or at any time before registration---Clause of the said agreement made it mandatory for the vendor to obtain all documents necessary for registration of the suit property---Agreement contained reciprocal promises on the part of vendor as well vendee and both the parties were required to perform their respective part of the contract in order to accomplish the sale transaction; however, the vendor failed to perform her part of reciprocal obligations and did not procured all the requisite documents---As the vendor herself failed to perform her part of contract, therefore, she could not rescind and revoke the agreement, after the delivery of possession of the suit property to the vendee and the receipt of 80% of the total sale consideration in part performance of the sale transaction---In such circumstances time was never the essence of the agreement and the failure on the part of the promisor/vendor to perform her part of contract could not put her into a position of rescinding or revoking the contract in terms of S. 51 of the Contract Act, 1872---Appeal was dismissed.

Other judgments reported in 2021 SCMR

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