1320/2004 Suit MUHAMMAD AYUB (Plaintiff) V/S MISS AMBREEN NAZ (Defendant)

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.