SECRETARY, MINISTRY OF HOUSING AND WORKS vs AKHTAR HUSSAIN Ss — 2023 CLC 59 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SECRETARY, MINISTRY OF HOUSING AND WORKS VS AKHTAR HUSSAIN Ss.42 & 54---Suit for declaration and injunction---Contractual liability---Terms and conditions of contract---Tentative price quoted in a brochure---Respondents/plaintiffs assailed letter issued by defendant Pakistan Housing Authority (PHA) raising extra demand towards final consideration amount of houses in question---Trial Court decreed the suit in favour of respondents / plaintiffs and directed defendant / Authority to hand over possession to respondents / plaintiffs without payment of extra money--- Validity--- Relationship between appellant / PHA and respondents / plaintiffs was contractual in nature---Provisions of brochure issued by PHA and terms and conditions attached with application forms were of binding contractual force on the parties---Court could not alter terms of contract or rewrite contract or create a new contract between the parties---Contract was to be read as a whole and not be dissected---Terms of contract were to be construed strictly without altering nature of the contract---Respondents / plaintiffs were put on notice that prices quoted in brochure were tentative and were liable to be revised--- Respondents / plaintiffs applied for apartments under the Project, entered contractual realm and could not then make a grievance of revised rates--- Appellant / PHA had a responsibility to act fairly and reasonably while fixing price for sale of apartments belonging to it--- Direction given by Trial Court to appellant / PHA to give possession of apartments to respondents / plaintiffs without demanding additional cost had effect of directing PHA to sell them at a price that could result in a loss to it--- Demand of appellant / Authority was not something contrary to contract between parties and was envisaged by terms and conditions of the brochure---High Court set aside judgment and decree passed by Trial Court---Appeal was allowed, in circumstances.

SECRETARY, MINISTRY OF HOUSING AND WORKS vs AKHTAR HUSSAIN Ss — 2023 CLC 59 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2023 CLC