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. 24; S. 54---P; Property Act (IV of 1882); 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. 24(b)---Transfer of Property Act (IV of 1882), S. 54---Person for whom contract could not be specifically enforced---Scope---Oral contract for sale of immoveable property---Balance consideration---Buyer who sought the specific performance of a contract must perform or demonstrate that he was ready to perform the essential terms thereof, which would include the payment of sale consideration---Admittedly, in the present case, neither the plaintiff nor his legal heirs (the petitioners) tendered the balance sale consideration to the sellers nor deposited the same in court, if they had refused to receive it---Not paying the balance of the sale consideration constituted violation of an 'essential term of the contract that on his (buyer's] part remained to be performed' (clause (b) of S. 24 of the Specific Relief Act, 1877)---For such reason the specific performance of the purported contract could not be enforced in the present case---Plaintiff and his legal heirs also did not demonstrate that they were ready, able and willing to perform their obligation to make payment of the balance sale consideration---Suit was rightly dismissed by all the courts below---Petition for leave to appeal was dismissed, and leave was refused with the Supreme Court disabusing/correcting the oft repeated contention that a buyer was only required to tender sale consideration, or the balance thereof, if so ordered by the court.

Other judgments reported in 2021 SCMR

2021 SCMR 557 SUPREME-COURTMUHAMMAD DANIYAL FARRUKH ANSARI VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 11, 20, 21 & 22---Penal Code (XLV of…
2021 SCMR 1016 SUPREME-COURTAHMAD KHALID BUTT VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Penal Code (XLV of 1860), Ss. 34 & 1…
2021 SCMR 1358 SUPREME-COURTFAYYAZ HUSSAIN VS EXECUTIVE DISTRICT OFFICER (EDUCATION), CITY DISTRICT GOVERNMENT RAWALPINDI Ss. 4(1)(b) & 5(1)(a)---Willful absence from d…
2021 SCMR 702 SUPREME-COURTREGIONAL OPERATION CHIEF, NATIONAL BANK OF PAKISTAN, HUMAN RESOURCE DEPARTMENT, REGIONAL OFFICE, SARGODHA VS Mst. NUSRAT PERVEEN Pt. II, Cha…
2021 SCMR 645 SUPREME-COURTABID HUSSAIN VS SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF PAKISTAN Order which was vague, without jurisdiction or illegal---To challenge…
2021 SCMR 645 SUPREME-COURTABID HUSSAIN VS SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF PAKISTAN Ordinary meaning of a provision---Scope---Any provision of law had to…

Back to the case-law library · Search Pakistani case law in Urdu or English