1981 PLP 1556 (CLC)
MUHAMMAD SHAHABUDDIN AND ANOTHER‑Appellants Versus KHUSHI MUHAMMAD AND ANOTHER‑Respondents
| Citation | 1981 PLP 1556 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Zaffar Hussain Mirza, J |
| Parties | MUHAMMAD SHAHABUDDIN AND ANOTHER‑Appellants Versus KHUSHI MUHAMMAD AND ANOTHER‑Respondents |
| Primary Law | (b) Specific Relief Act (I of 1877)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1556 (CLC)?
This judgment primarily cites: (b) Specific Relief Act (I of 1877)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1556 (CLC)?
The case was heard and decided by the Karachi bench comprising: Zaffar Hussain Mirza, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1556 (CLC) (MUHAMMAD SHAHABUDDIN AND ANOTHER‑Appellants Versus KHUSHI MUHAMMAD AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. A. Jamali for Appellant.
- Date of hearing : 11th November, 1979.
Headnotes / Summary
(a) Contract Act (IX of 1872)‑‑ ‑‑‑ S. 39‑‑‑Rescission‑Repudiation of contract, held, must ‑be total, absolute and clear. Haji Hashim Haji Ahmad & Bros. v. Trading Corporation of Pakistan P L D 1977 Kar. 480 ref. ‑‑‑‑ S. 12‑‑Specific performance of contract‑Respondents not. guilty of such a conduct as to disentitle them to equitable relief (specific performance) prayed for‑Discretion exercised by Court below in granting relief to respondent in no way perverse or against judicial principles‑Appeal against order of lower Court dismissed. Ramjanans Bharathi v. Dhurandher Kuer A I R 1959 Pat. 506 ref.
Judgment & Decree
(a) Contract Act (IX of 1872)‑‑ ‑‑‑ S. 39‑‑‑Rescission‑Repudiation of contract, held, must ‑be total, absolute and clear. Haji Hashim Haji Ahmad & Bros. v. Trading Corporation of Pakistan P L D 1977 Kar. 480 ref. (b) Specific Relief Act (I of 1877)‑-- ‑‑‑‑ S. 12‑‑Specific performance of contract‑Respondents not. guilty of such a conduct as to disentitle them to equitable relief (specific performance) prayed for‑Discretion exercised by Court below in granting relief to respondent in no way perverse or against judicial principles‑Appeal against order of lower Court dismissed. Ramjanans Bharathi v. Dhurandher Kuer A I R 1959 Pat. 506 ref. S. A. Jamali for Appellant. Date of hearing : 11th November, 1979.