NIAZ AHMED vs ZAIN-UL-ABEDIN S — 2022 CLC 1772 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 1772 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: NIAZ AHMED vs ZAIN-UL-ABEDIN S
Subject matter: Civil
Provisions referred to: S. 73---S; 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

NIAZ AHMED VS ZAIN-UL-ABEDIN S.73---Suit for damages---Breach of contract---Compensation for failure to discharge obligation resembling those created by contract---Mental agony, presumption of---Scope---Claim of the plaintiffs was that the defendants (appellants) had entered into a contract whereby they had assured to get them performed Hajj against the money, so obtained by the defendants but they failed to arrange Hajj visas---Defendants had never denied the claim of the plaintiffs rather had admitted the claim to such extent with further claim to have paid such amount to a company---Nothing was produced on record that such deposit was permissible as per contract between parties or was with consent of plaintiffs---In absence thereof, such plea could not help the defendants in escaping their liabilities to honour the contract as well as compensation for breaching the same within the meaning of Contract Act, 1872---Defendants had only applied for quota which was never granted to them yet they not only took amount from the people, including plaintiffs in name of 'getting such persons performed Hajj'---Performing Hajj is normally the greatest desire of a Muslim who, for his life, prays and gathers money for such purpose, therefore, when a person with complete satisfaction of performing Hajj is denied by the contractor (travel agency), the mental shock and agony is inevitable---Defendants being Directors of the company could not escape their liabilities towards the company---Appeal was dismissed.

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