1320/2004 Suit MUHAMMAD AYUB (Plaintiff) V/S MISS AMBREEN NAZ (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 10-FEB-15
(a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 102, 103 & 117---Contract Act (IX of 1872), S. 5---Suit for specific performance of agreement to sell---Oral agreement--- Scope--- Proposal and acceptance---Plaintiff was ready to perform his part of contract and he performed the same within stipulated time---Both the parties had entered into a valid contract---Written agreement could not be defeated by an oral agreement---Defendant, in the present case, had failed to prove the factum of oral agreement, and was estopped to allege and claim anything orally contrary to written commitments---Defendant had breached the agreement---Effect---Validly concluded agreement could not be revoked---Section 5 of Contract Act, 1872 barred revocation of proposals and acceptances once its communication was completed---Agreement had been concluded and offer of sale of property was accepted by the plaintiff by performing the condition of payment of 10% of sale consideration in advance---Receipt of advance payment by the defendant had confirmed that offer of sale of suit property was accepted by the plaintiff much before legal notice---Said acceptance was fully communicated to the defendant---Communication of proposal by the defendant and its acceptance was completed when advance/token amount of sale consideration was paid by the plaintiff and defendant issued receipt of part payment in writing---Communication of both proposal and its acceptance had been completed by either parties to each other prior to revocation through notice---Neither there was any occasion to revoke the offer nor notice after the completion of communication could be treated as revocation---Impugned agreement was capable of specific performance and plaintiff was entitled to the relief claimed---Defendant was directed to execute sale deed within a specified period and plaintiff be put in possession of suit property---Nazir of the court should execute sale deed in case of failure of defendant to execute the same in favour of plaintiff---Suit of plaintiff was decreed in circumstances. 2014 SCMR 1217 and 2002 SCMR 326 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 103---Exclusion of evidence of oral agreement---Scope---Written agreement could not be defeated by an oral agreement. (c) Contract Act (IX of 1872)--- ----S. 5---Revocation of proposal and acceptance---Scope---Section 5 of Contract Act, 1872 barred revocation of proposals and acceptances once its communication was completed.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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