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MUHAMMAD WAQAR AZEEM vs Dr — 2024 CLC 1941 ISLAMABAD

Case information

Citation
2024 CLC 1941 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLC
Parties
MUHAMMAD WAQAR AZEEM vs Dr
Subject matter
Criminal

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 WAQAR AZEEM VS Dr. KARTAR LAL PIRWANI Ss. 12, 18 & 54---Suit for specific performance of agreements to sell, permanent injunction and compensation / damages---First purchaser entering into agreement to sell with third party purchaser without acquiring rights from original owner---Agreement to transfer land before proprietary rights conferred on the vendor---Enforceability of---Civil Court allowed/decreed the suit instituted by third party purchaser to the extent of relevant prayer in the said suit i.e. "the recovery of an amount as compensation along with mesne profit @ 15% per annum w.e.f agreed date of payment till final realization of the amount"---Appellants (two in number), who were defendants in suit being first purchasers (vendees), assailed the said judgment and decree---Validity---An agreement to transfer land before proprietary rights have been conferred on the vendor cannot be enforced where a person executes an agreement to sell immovable property to a third party purchaser at a stage when the seller in such an agreement has not acquired title in the immovable property from the original owner---Thus, plaintiff/ respondent could not expect the Court to pass a decree for the specific performance of the second agreement in his favour---Civil Court was wise in turning down plaintiff's prayer for a decree for specific performance of the second agreement and allowing his prayer for compensation---Appeal, filed by the defendants, was dismissed with costs throughout.

Other judgments reported in 2024 CLC

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