SCMR 1992

1992 PLP 1148 (SCMR)

QADEER AHMAD‑‑‑Petitioner Versus (Mst.) JANAT BIBI and others‑‑‑Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petition No.352 of 1988, decided on 7th March, 1990.
Honorable Judges
Saad Saood Jan and Nasim Hasan Shah, JJ
Case Reference Summary (AEO Optimized)
Citation 1992 PLP 1148 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Saad Saood Jan and Nasim Hasan Shah, JJ
Parties QADEER AHMAD‑‑‑Petitioner Versus (Mst.) JANAT BIBI and others‑‑‑Respondents
Primary Law Specific Relief Act (I of 1877)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1992 PLP 1148 (SCMR)?

This judgment primarily cites: Specific Relief Act (I of 1877)‑‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1992 PLP 1148 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan and Nasim Hasan Shah, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1992 PLP 1148 (SCMR) (QADEER AHMAD‑‑‑Petitioner Versus (Mst.) JANAT BIBI and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Specific Relief Act (I of 1877)‑‑‑

Representation

  • Ch. Mazharul Haque, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
  • S.M. Tayyab, Advocate Supreme Court for Respondent No.7.
  • Date of hearing: 7th March, 1990.

Headnotes / Summary

(Against the order, dated 17‑2‑1988 of the Lahore High Court, Lahore, passed in Civil Revision No.294‑D of 1988). ‑‑‑‑S.12‑‑-Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal was, granted to coiftsider whether in a suit for specific performance of contract for sale of land, Court could deny the relief of specific performance, just for the reason that in his plaint plaintiff had in the alternate prayed for the relief of the return of his earnest money.

Judgment & Decree

(Against the order, dated 17‑2‑1988 of the Lahore High Court, Lahore, passed in Civil Revision No.294‑D of 1988). ‑‑‑‑S.12‑‑-Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal was, granted to coiftsider whether in a suit for specific performance of contract for sale of land, Court could deny the relief of specific performance, just for the reason that in his plaint plaintiff had in the alternate prayed for the relief of the return of his earnest money. Ch. Mazharul Haque, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner. S.M. Tayyab, Advocate Supreme Court for Respondent No.7. Date of hearing: 7th March, 1990. SAAD SAOOD JAN, J.‑‑‑Leave to appeal is granted in this petition to consider the question whether in a suit for specific performance of contract for sale of land, a Court can deny the relief of specific performance just for the reason that in his plaint the plaintiff has in the alternate prayed for the relief of the return of his earnest money. Security for costs in the sum of Rs.5,

000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. The interim order already made to, continue to remain in force during the pendency of the appeal. A.A./Q‑45/S Leave granted.