Dr. JAVED AKHTAR vs RUFI BUILDERS AND DEVELOPERS Ss — 2023 MLD 994 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 994 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: Dr. JAVED AKHTAR vs RUFI BUILDERS AND DEVELOPERS Ss
Subject matter: Civil
Provisions referred to: S. 73---Q; Contract Act (IX of 1872)

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

Dr. JAVED AKHTAR VS RUFI BUILDERS AND DEVELOPERS Ss. 42, 39, 12, 8 & 54---Contract Act (IX of 1872), S. 73---Qanun-e-Shahadat (10 of 1984), Art. 132---Suit for declaration, cancellation, specific performance of contract, possession, injunction and damages---Witness not cross-examined---Scope---Plaintiff filed a suit for declaration, cancellation, specific performance of contract, possession, injunction and damages---Contention of plaintiff was that he purchased suit property from the defendant; that he paid certain charges for lease and connection; that the defendant was bound to deliver possession within three years; that the defendant demanded more than the settled amount and that the defendant sent cancellation letter to the plaintiff---Defendant admitted that the plaintiff had booked the suit property and the total sale consideration was also agreed as stated by the plaintiff in the plaint, however, stated that since the plaintiff had failed to pay additional charges, therefore, the allotment was cancelled---Validity---Defendant never appeared before the commissioner appointed to record the evidence---Defendant had admitted most of the averments of the plaintiff in his written statement---Entire evidence of the plaintiff had gone un-rebutted---Mere written statement had no meanings since it could not be treated as evidence at all---Evidence of the plaintiff would be deemed to have been admitted by the defendant---Suit was decreed as prayed.

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