MUHAMMAD SHAFIQ ULLAH vs ALLAH BAKHSH (DECEASED) S — 2021 SCMR 763 SUPREME-COURT

Case information

Citation: 2021 SCMR 763 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUHAMMAD SHAFIQ ULLAH vs ALLAH BAKHSH (DECEASED) S
Subject matter: Civil
Provisions referred to: S. 27; S. 41---P; S. 41; Contract Act (IX of 1872); Contract Act; Specific Relief 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

MUHAMMAD SHAFIQ ULLAH VS ALLAH BAKHSH (DECEASED) S. 27(b)---Contract Act (IX of 1872), S. 41---Parties against whom decree for specific performance may not be issued---Scope---Oral contract for sale of immoveable property---Land bought in 'good faith'---Scope---Purchasers were not related to the ostensible owners from whom they had bought the land---Plaintiff never suggested that the purchasers had not paid the market price for the said land---Purchasers had bought the land for consideration and 'in good faith' in terms of S. 41 of the Contract Act, 1872 and were protected by clause (b) of S. 27 of the Specific Relief Act, 1877---Suit for specific performance of oral contract was rightly dismissed by all the courts below---Petition for leave to appeal was dismissed, and leave was refused.

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