2005 PLP 1651 (MLD)
Syed KHALID MAUDOOD ZAIDI — Plaintiff Versus Commandar (Retd.) MUHAMMAD FAROOQ KHAN LODHI and others — Defendants
| Citation | 2005 PLP 1651 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Syed KHALID MAUDOOD ZAIDI — Plaintiff Versus Commandar (Retd.) MUHAMMAD FAROOQ KHAN LODHI and others — Defendants |
| Primary Law | (a) Specific Relief Act (I of 1877), (b) Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2005 PLP 1651 (MLD)?
This judgment primarily cites: (a) Specific Relief Act (I of 1877), (b) Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1651 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1651 (MLD) (Syed KHALID MAUDOOD ZAIDI — Plaintiff Versus Commandar (Retd.) MUHAMMAD FAROOQ KHAN LODHI and others — Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Iqbal, Advocate.
- Syed Tariq Ali, Advocate.
- Amir Ali, Advocate.
Headnotes / Summary
S. 12
Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2
Suit for specific performance of agreement of sale and injunction
Plaintiff had alleged that agreement of sale of suit property arrived at between parties was unilaterally cancelled without notice to plaintiff--Defendant had contended that earnest money had been refunded to plaintiff pursuant to such cancellation of agreement and property in question had been transferred and conveyance was registered in favour of new vendee
Return of earnest money to plaintiff was not disputed and property in question admittedly had changed hands
Since third party interest had been created, no case for injunctive relief was made out and plaintiff at the best could claim compensation and damages
Suit was also liable to be dismissed in view of inordinate delay.
S. 12
Suit for specific performance of agreement
lf an agreement was not registered within stipulated time, its specific performance could not be enforced.
Judgment & Decree
In this suit plaintiff seeks specific performance of the agreement dated 7-8-2001 in respect of the property bearing No.D-48 Navy Housing Scheme, Clifton, Karachi. It is stated that the plaintiff entered into transaction through its attorney and brother Khalid Mehmood Zaidi. It is the case of the plaintiff that the agreement was terminated as per annexure 'C' to the plaint. According to the learned counsel for the plaintiff termination was without notice to the plaintiff as it is unilateral cancellation does not bear the signature of the plaintiff. It is stated, therefore, the plaintiff is entitled for the specific performance of the agreement. Learned counsel for the defendant contends that the amount of the earnest money was refunded pursuant to such cancellation as per demand draft available as annexure 'A' at page 17 of the file along with written statement. It appears that such demand draft was encashed and credited in the plaintiff's account as certified by the Askari Commercial Bank letter dated 25-4-2003. It is further stated that on account of cancellation of the agreement the property has been transferred and conveyance registered in favour of the newly-added defendant No.3. Conveyance is available on record. Since the property has changed hands the earnest money has been paid to the plaintiff and refund of earnest money is not disputed. Mr. Arshad contends that plaintiff's attorney was not authorized or competent to cancel the transaction. Since third party interest has been created. No case for injunctive relief is made out. Plaintiff at the best could claim compensation and damages. In my opinion since the agreement was executed in the year 2001 and time fixed for registration of the conveyance was dated 15-11-2001, therefore, on account of delay alone the plaintiff cannot claim specific performance, however, he may be entitled to claim damages, if so permitted under the law. Accordingly application is dismissed. H.B.T./K-61/K Suit dismissed.