Property &amp; Rent

under Order VII Rule 11 read with Section of 151 CPC Defendant No. 2, seeks rejection of the Plaint. suit for Specific Performance and Permanent Injunction. Black's Law Dictionary, Fifth Edition, an agreement between tw…

84/2014 II.A. Pervaiz Iqbal (Appellant) V/S Faisal Akram (Respondent)

Foregoing are the reasons of the short order announced by me on 30.08.2017 whereby this appeal was allowed with no order as to costs, the impugned judgments and decrees were set aside and Suit No.563/2010 for specific pe…

451/2016 Const. P. Ghulam Ali (Petitioner) V/S Province of Sindh & others (Respondent)

Sindh Tenancy Act, 1950…

1040/2009 Suit NASIR ALI (Plaintiff) V/S SYED QAMAR HUSSAIN (Defendant)

Plaintiff Buyer, within the time prescribed in the contract, made part payment of the Sale Price, whereafter Defendant Seller handed over the first floor of the bungalow on the suit property to Plaintiff. Plaintiff Buyer…

262/2018 Suit Deedar Ali Isran (Plaintiff) V/S Abdul Wahid & others (Defendant)

Under Order 07 Rule 2 CPC read with Section 151 of CPC, issues involved and discussed in order are; 1) Specific Performance, 2) Time Bar and 3) Doctrine of res judicata…

327/1966 Suit Raza Hussain and others (Plaintiff) V/S Muhammad Khan and others (Defendant)

Suit for specific performance of agreement to sell. Directions to the Nazir to handover the possession of suit land to its claimants.…

65/2005 Civil Revision Liaquat Ali alias Khabar and others (Applicant) V/S Habibullah and others (Respondent)

Concurrent finding of two courts below can be interfered with if the court lacked jurisdiction or a case of misreading and non reading of evidence is made out; a registered sale deed as against a mutation entry will have…

1929/2018 Suit Akbar Adamjee. (Plaintiff) V/S Performance Automotive (Pvt) L:td., & Others. (Defendant)

Mandatory Injunction - Order 39 CPC - Specific Performance of an agreement- no settled formula to grant or refuse the same- dependent on facts of the case- mandatory injunction granted.…

31/2016 F.R.A Dr.Muhammad Hassan (Appellant) V/S Additional Controller of Rents & others (Respondent)

Sindh High Court · 2020

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S.3---Rent Controller---Jurisdiction---Government building---Neither any other Court nor parties can confer jurisdiction on a Court / Tribunal when it is expressly…

2110/2009 Const. P. Muhammad Tariq Qasmi (Petitioner) V/S Federation of Pakistan & ors (Respondent)

Sindh High Court · 2018

EJECTMENT AND RECOVERY OF POSSESSION…

1862/2016 Const. P. M/S Dewan Sugar Mills Limited (Petitioner) V/S M/S Trading Corporation of Pakistan (Pvt) ltd & (Respondent)

Ousting the petitioner from availing their remedy which they could have before the executing Court amounts to a denial of fair trial. I am in agreement that such a compromise ought to have been recognized by executing Co…

431/2011 Suit PSO (Plaintiff) V/S PROV.OF SINDH & ORS. (Defendant)

Sindh High Court · 2020

Property Tax on property of KPT is payable and is not exempt, whereas, the Plaintiff / Tenant pursuant to lease Agreement is liable to pay the same.…

11/2016 II.A. Abdul Aziz (Appellant) V/S Abdul Kareem & others (Respondent)

Sale deed of appellant as being enjoyed by appellant cannot be set-aside automatically as the defence of the appellant is protected being buyer without notice of any dispute. As stated above it has to be proved independe…

1482/1998 Suit Abdul Wahid (Plaintiff) V/S Deedar Ali Issran (Defendant)

Sale Deed registered in favour of defendants are valid documents and have been entered by the authorized Attorney (having registered sub-irrevocable general power of attorney which is in pursuance of earlier registered…

2438/2017 Const. P. Syed Ali Abbas Rizvi Thr. Nisar Muhammad (Petitioner) V/S The Addl. Controller of Rents Clifton & Another (Respondent)

The petition is dismissed with costs as the impugned order is an interlocutory order and it does not suffer from any jurisdictional defect or error, this petition, being misconceived and malafide, is not maintainable. Th…

1021/2014 Suit Muhammad Ali Zubair. (Plaintiff) V/S Sabira Khatoon & another. (Defendant)

Sindh High Court · 2015

(a) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O. XXIII, R. 3 & O. VII, R. 11---Suit for specific performance of agreement to sell---Compromise---Cause of action---Power-of-attorney-…

2695/2017 Const. P. Syed Muhammad S/o Muhammad Anwar (Petitioner) V/S Noorullah & Others (Respondent)

-The petitioner while making such statement of alleged purchase has not realized the burden he took over. There is a marked difference in the probative value of entering into possession for the first time as tenant, and …

68/2016 Execution First Appeal JAWAID SARWAR (Decree Holder) V/S RANA MUNIR & ANOTHER (Judgment Debtor)

Decree for specific performance entails possession. Privity of contract. Compromise decree when executable.…

135/2022 R.A (Civil Revision) Abdul Sami Kehar (Applicant) V/S Amanullah Dasti & others (Respondent)

Sindh High Court · 2024

Suit for Specific Performance of Contract: Oral Agreements: Detailed Proof Required in Legal ClaimsDiscussion: Proving an oral agreement to sell requires the plaintiff to specify the date, time, place, and witnesses, out…

549/2008 Suit MOBEEN RAZA and another (Appellant) V/S M/S. ALLOO & MINOCHER DINSHAW (Appellant)

Sindh High Court · 2014

Specific Relief Act (I of 1877)--- ----S. 42---Suit for negative declaration seeking only the disentitlement of defendants in suit property---Maintainability---Interpretation of S.42, Specific Relief Act, 1877---Plaintif…

40/2006 R.A (Civil Revision) Khadim Hussain and an others (Applicant) V/S Muhammad Ibrahim and others (Respondent)

Sale of property covered by Section 19 of the Colonization Act, 1910. Parties can enter into such sale and there is no legal bar however, the same can only be a deferred sale, specific performance of which was postponed …

1331/2017 Suit Mst. Sufia Nasim & others (Plaintiff) V/S Muhammad Hasan Khan & another (Defendant)

specific performance…

1644/2013 Suit Sheikh Muhammad Javaid (Plaintiff) V/S Sartaj Saqlain and others (Defendant)

Sindh High Court · 2018

(a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Limitation Act (IX of 1908), Art. 113 & S. 22---Civil Procedure Code (V of 1908), O. I, R. 10---Companies Ordinance (XLVII…

234/2023 H.C.A Cedar Pvt. Ltd (Appellant) V/S Soneri Bank Ltd & Others (Respondent)

Sindh High Court · 2024

*The subject matter of the suit is not just simply a negotiable instrument but it is the rent of the subject period which was not paid, therefore, there is no logic in saying that since the Rent Controller could not pass…

2068/2016 Const. P. Gulistan Textiles Mills Limited (Petitioner) V/S VIIIth ADJ Karachi South & Another (Respondent)

- Similarly, a presumptive view in respect of overall inflation and rate of taxes cannot be applied. The maintenance claimed to have been made/done by the landlord/respondent and in support thereof they have filed some a…

135/2019 R.A (Civil Revision) Muhammad Zakir S/o Abdul Malik (Applicant) V/S Muhammad Faisal and others (Respondent)

In principle, the applicant has lost his case; and, at the revision stage, he has agitated the grounds already exhausted by him and properly adjudicated by the competent forum including the plea that the suit filed by t…

25/2021 F.R.A M/s. Nixor College (Pvt) Ltd and another (Appellant) V/S Dr. Suleiman Muhammad Al Suleiman (Respondent)

MRC. Where a landlord refused to accept rent, it was mandatory for the tenant first to remit the rent through postal money order and if that was not done, deposit of rent in Court would not absolve the tenant from being …

69/2011 Civil Revision Muhammad Sharif, thr:L.Rs: (Applicant) V/S Abdul Razak, thr:L.Rs.and others (Respondent)

The applicant claimed to be in possession of the subject property, however, he was unable to demonstrate as to how he came in possession. The agreement is absolutely silent as far as delivery of possession is concerned. …

1344/2016 Suit Aviserv Limited (Plaintiff) V/S Civil Aviation Authority (Defendant)

Specific performance of un-registered agreement to lease. The Plaintiff failed to demonstrate that it was ready and willing to perform the same. Stay application dismissed.…

891/2019 Const. P. M/s United Business Machines thr Muhammad Aslam (Petitioner) V/S Ghulam Hussain Hidayatullah & Others (Respondent)