Property &amp; Rent

830/2013 Suit S. Abdul Mannan Muttaqi (Plaintiff) V/S Defense House Authority & others (Defendant)…

46/2006 II.A. Muhammad Aqil (Appellant) V/S Muhammad Amir & Another (Respondent)

The newly developed question in these proceedings while the instant appeal was pending adjudication is the alienation of the property by respondents No.1 and 2 to respondent No.3. It is claimed to have changed hands and …

1316/2011 Suit KHAIR MUHAMMAD KHATIAN & OTHERS (Plaintiff) V/S LIAQUAT ALI G. KAZI & OTHERS (Defendant)

1316/2011 Suit KHAIR MUHAMMAD KHATIAN & OTHERS (Plaintiff) V/S LIAQUAT ALI G. KAZI & OTHERS (Defendant)…

2389/2014 Suit Al-Tamash Medical Society (Plaintiff) V/S Dr. Anwar Ye Bin Je & Others (Defendant)

With all humility, the aforesaid dictums are distinguishable as on the face of it in the present case there is no change or conversion of amenity plot to commercial or residential use but throughout the pleadings, nothi…

855/2021 Suit ISHRAT SWALEH (Plaintiff) V/S MST. FARZANA SHAIKH & OTHERS (Defendant)

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…

1072/2015 Suit Delhi Mercantile Muslim Co-operative Housing Society (Plaintiff) V/S Federation of Pakistan (Respondent)

1072/2015 Suit Delhi Mercantile Muslim Co-operative Housing Society (Plaintiff) V/S Federation of Pakistan (Respondent)…

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…

1928/2016 Suit Mr. Mehtab Tahir Niazi (Plaintiff) V/S M/s Al-Qasmia Properties & others (Defendant)

1928/2016 Suit Mr. Mehtab Tahir Niazi (Plaintiff) V/S M/s Al-Qasmia Properties & others (Defendant)…

415/2018 Const. P. Ghulam Mehdi & others (Petitioner) V/S P.O Sindh & others (Respondent)

he subsequent judgment of the Member Board of Revenue dated 20.04.2017 not only ignored the order of his predecessor, but also ignored the fact that the suit, challenging the order of his predecessor, was also dismissed.…

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)

(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)

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)

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)

(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)

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)

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)

(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)

*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)

-Section 15(2)(vii) of Sindh Rented Premises Ordinance, 1979requires demonstration of elements such as (i) honesty of purpose and (ii) reasonableness. From the statement of landlord/owner for the purpose of eviction of a…

214/1991 R.A (Civil Revision) Ameer Ahmed (Applicant) V/S Z.A. Khan (Respondent)

Specific Relief Act (I of 1877)--- ----S. 12----Constitution of Pakistan, Arts. 23 & 24---Suit for specific performance of agreement---Proof---Inordinate delay of 40/45 years in disposal of the suit---Effect---Provision …

21/2011 II.A. Mst. Kishwar Begum & Ors (Appellant) V/S Rasheed Ahmed Qureshi & Ors (Respondent)

Specific Relief Act (I of 1877)--- ----Ss. 12 & 54---Civil Procedure Code (V of 1908), S. 12(2)---Suit for specific performance of agreement and permanent injunction---Agreement to sell---Proof of ownership of vendor---S…

154/2021 Const. P. TARIQ MASOOD (Petitioner) V/S SHER MUHAMMAD DIN & OTHERS (Respondent)

The respondent may have proved the ownership of the property but then the relationship of landlord and tenant has to be established independently. It has to be proved through reliable evidence and documents that applican…

381/2003 Suit Mall Nigran Welfare Association (Plaintiff) V/S Government of Sindh and others (Defendant)

Societies Registration Act (XXI of 1860)--- ----Ss.1 & 20---Specific Relief Act (I of 1877), Ss.12, 42 & 54--- Suit for specific performance of agreement to sell, declaration and injunction--- Power of court--- Aims and …

29/2015 Judicial Companies Misc. Total Parco Pakistan limited & another (Applicant) V/S NA (Respondent)

This is not a conveyance or sale deed under Transfer of Property Act which requires registration and stamping under Registration Act and Stamp Act ibid, before Sub-Registrar; rather it is a Scheme of Arrangement not requ…

749/2005 Suit DR. NAFEES ZUBAIR (Plaintiff) V/S MRS. SAEEDA BANO & ORS (Defendant)

Since the Defendant No.1 has accepted a substantial amount of rupees six million as part payment towards sale price, and never returned the same till the above Order was passed, which means for almost seven years the sam…

1205/2005 Suit HASAN AHMAD (Plaintiff) V/S MUHAMMAD FAROOQ & ORS (Defendant)

Since sale transaction in respect of the Suit Property has been proved by Plaintiff, therefore, Specific Performance can be granted,…

2870/2015 Const. P. Mushtaque Ahmed (Petitioner) V/S Mumtaz Ahmed and others (Respondent)

The grounds assigned by the appellate Court while allowing the application under Order VII Rule 11 does not germane to the requirement for rejecting of plaint under Order VII Rule 11. This is no ground that the petitione…

19/2014 F.R.A SHAM KUMAR S/O HUND RAJ (Appellant) V/S ULFAT SHAHEEN & ANOTHER (Respondent)

Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Effect---Rent Controller accepted ejectment pe…

379/2005 Suit MISS. UZMA AMJAD ALI & ORS. (Plaintiff) V/S MRS.SAEEDA BANO & ORS. (Defendant)

250/2004 Civil Revision Jameel Ahmed (Applicant) V/S Nazir Ahmed & another (Respondent)

Specific Relief Act (I of 1877)--- ----Ss. 42, 39 & 54---Suit for declaration cancellation of document and injunction---Title of ownership---Proof---Cross claims---Respondent filed suit for declaration and possession of …

607/2021 Const. P. Dawood Khan S/o Sher Ali (Petitioner) V/S Rana Muhammad Rafique and others (Respondent)

It would be seen that it has been consistently held by the Honble Supreme Court that if the tenant asserts that he is no more a tenant as he had purchased the property, even then he has to vacate the property and file a …

226/2023 II.A. Abdul Razzaq S/o Muhammad Abdullah (Appellant) V/S Sohail Ahmed and Others (Respondent)

Specific Performance; discretionary relief; not always mandatory for the court to grant the same…

418/2016 Const. P. M Parvaiz Hayat (Petitioner) V/S VII ADJ (Respondent)

In case the two tenements of same nature are allowed to be evicted under section 14 of Sindh Rented Premises Ordinance, 1979 it would be in defiance of a restriction in terms of subsection 2 of Section 14 of Sindh Rented…

209/2010 Suit MOHSIN ALI (Plaintiff) V/S SAFDAR HUSSAIN BIRLAS (Defendant)

Suit for Specific Performance should have been filed and no possession can be given without seeking a Declaration in respect of title, because Agreement of Sale cannot be considered as a title / ownership document.…

29/2023 Const. P. Jan Muhammad (Petitioner) V/S Muhammad Faisal & Others (Respondent)

Filing of ejectment application itself is treated as a notice under Section 18 of the SRPO, 1979.…

131/2007 Civil Revision Mst. Saeeda Begum V/S Bundoo Khan (through LRs) (Applicant) V/S Bundoo Khan (through LRs) (Respondent)

Specific Relief Act (I of 1877)--- ----S. 12---Contract Act (IX of 1872), S. 55---Suit for specific performance of agreement---Time, essence of contract---Scope---Plaintiff entered into agreement to sell with defendant a…

2038/2015 Const. P. Ashraf Suleman (Petitioner) V/S IXth ADJ (South), Karachi & others (Respondent)

in order to avail a remedy under section 14 of the SRPO, 1979 the applicant/landlord is required to establish his personal need. In that case there would be no distinction left between section 14 and 15(2)(vii) of the SR…

320/2024 Const. P. M/s. Gizri Corporation (Pvt.) Limited (Petitioner) V/S Pakistan Industrial Development Corp. Pvt Ltd & An (Respondent)

It is the discretion of the landlord/owner to choose the property he wishes to use and in that respect the tenant cannot dictate how and in what manner the owner should utilize his property…

2215/2014 Suit Muhammad Kashif Vohra. (Plaintiff) V/S Muhammad Ismail & Others. (Defendant)

1. A suit for specific performance of contract of immovable property brought by the vendee can be dismissed without going through a trial where the plaintiff, when put on terms to deposit the sale consideration in Court,…

1291/2003 Suit MRS.SANA RIZWAN (Plaintiff) V/S MRS.AMNA FAHIM & ORS. (Defendant)

Specific Relief Act (I of 1877)--- ----S.12---Qanun-e-Shahadat (10 of 1984), Arts. 17, 79 & 129, illustration (g)---Suit for specific performance of agreement to sell---Agreement, proof of---Withholding of evidence---Pla…

210/2007 Const. P. Muhammad Swaleh (Petitioner) V/S Mst. Asma Yasin & Ors (Respondent)

The burden of proving payment of rent in advance was in fact apparently discharged when on a suggestion the petitioner/tenant himself admitted in the cross-examination that the rent was payable on or before 10th of each …

1003/1979 Suit AL-AHRAM BUILDERS LIMITED (Plaintiff) V/S P.D.O.H.A. (Defendant)

"(a) Specific Relief Act (I of 1877)--- ----S.12---Specific performance of agreement---Indoor management, doctrine of---Applicability---In terms of doctrine of indoor management, plaintiff cannot be made to suffer for an…

971/2020 Const. P. Habib Bank Ltd. (Petitioner) V/S Mst. Neelofar Awan and others (Respondent)

In view of above I am of the view that tentative rent order should have been complied and for the period of March and April, the tenant/petitioner could have asked for adjustment of half of the rent b…

149/1992 Civil Revision Hajiani Dhana & Ors Thr.L.Rs. (Applicant) V/S Tahir Ali & Ors (Respondent)

(a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Art.17---Suit for specific performance of agreement to sell---Proof---Procedure---Preponderance of evidence---Scope---Agreement of sale wa…

8194/2022 Const. P. Imran Razi Ahmed Hashmi (Petitioner) V/S Muhammad Arshad Awan & Ors (Respondent)

Petitioner-Intervener relying on an unregistered sale deed objecting to auction proceedings has no legs to stand. Petition dismissed.…

217/2009 Suit MUHAMMAD ASHRAF & OTHER (Appellant) V/S V/S DILSHAD ALI & ORS. (Defendant)

Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O. I, R. 10---Suit for specific performance of contract---Stranger to the contract---Impleadment of party---Scope---Intervener could not be…

160/2012 Const. P. Muhammad Younus (Petitioner) V/S VIIth A.D.J Karachi (South) & Ors (Respondent)

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15--- Ejectment application---Commercial premises---Bona fide personal need of landlord---Scope---Prerogative of landlord to supplement portion(s) of rented premis…

248/2008 Suit GULZAR AHMED & ORS. (Plaintiff) V/S MUHAMMAD ZAMAN & ORS. (Defendant)

The plaintiffs paid the full price of the Suit Land under the Sale Agreement and then paid off the Defendant Seller's 75% of the outstanding loan amount to Zarai Tarkiati Bank Ltd. The Bank acknowledged the funds deposit…

2471/2014 Suit M/s Hascol Petroleum Limited (Plaintiff) V/S M/s. Shell Pakistan Limited & others (Defendant)

Civil Procedure Code (V of 1908)--- ----O.XXXIX R.1 & 2---Suit for declaration, damages, permanent and mandatory injunction--- Application for grant of temporary injunction---Statutory tenant---Suit property was leased t…

1015/2013 Suit Abdul Aziz. (Plaintiff) V/S Shahid Ahmed and others. (Defendant)

"Civil Procedure Code (V of 1908)--- ----O. VII, R. 11, O. II, R. 2 & O. XXIII, R. 1---Limitation Act (IX of 1908), Arts.91 & 113---Withdrawal of earlier suit---Filing of fresh suit---Rejection of plaint---Scope---Conten…

848/2020 Const. P. M/S. ADAMJEE IMPEX (Petitioner) V/S SHAIKH MUHAMMAD KHALID & OTHERS (Respondent)

In view of above, I found that the orders passed under section 16(2) of Sindh Rented Premises Ordinance, 1979 was harsh inasmuch as it struck off the defence without a proper scrutiny of ledgers ofthe …

923/2019 Suit Mst. Irshad Bibi (Plaintiff) V/S Samiullah Niazi & others. (Defendant)

In terms of Article 91 of Limitation Act since subject sale deed is a registered instrument it is deemed to be in the knowledge of plaintiff and the facts entitling the plaintiff to have the instrument cancelled known to…

476/2021 Const. P. M/s. Crescent Star Insurance Limited (Petitioner) V/S Eduljee Dinshaw (Private) Limited (Respondent)

It is a settled proposition that if the landlord is able to establish a single ground , he will be entitled to fixation of fair rent.…

173/2010 R.A (Civil Revision) Bashir Ahmed (Applicant) V/S Mst.Fatima Begum & Ors (Respondent)

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Contention of plaintiff was that he was owner of suit property---Suit was dismissed concurrently---Validity---Plaintiff had been paid sale conside…

124/2014 Civil Revision Ali Muhammad & Anothers (Applicant) V/S Mst Saeeda & Ors (Respondent)

Specific Relief Act (I of 1877)--- ----Ss. 42 & 39---Limitation Act (IX of 1908), S. 18 & Art. 91---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for declaration and cancellation of agreement of sale deed---Plai…

1475/2010 Suit NANNEY KHAN (Plaintiff) V/S MUHAMMAD DAWOOD KHAN & OTHER (Defendant)

Specific Relief Act (I of 1877)--- ----S. 12---Constitution of Pakistan, Arts. 24 & 172---Qanun-e-Shahadat (10 of 1984), Art. 117 & 120---Suit for specific performance of agreement to sell---Requirements--- Ownerless pro…

5340/2024 Const. P. IQ Properties Pvt Ltd (Petitioner) V/S Zulfiqar Ali Bhutto and Others (Respondent)

In a suit for specific performance, is the omission of Forms 47 and 48 of Appendix A of CPC, 1908, fatal to the case?…

2129/2018 Const. P. Muhammad Akram (Petitioner) V/S M/s. Jamia Imamia Trust & Others (Respondent)

It is immaterial for the tenant as towho are the trustees and how those trustees were/are being replaced. It is indoor/internal management of the trustees and trust which has nothing to do with the r…

101/2015 Civil Revision Muhammad Saeed (Appellant) V/S Muhammad Baqir Bukhari (Respondent)

The Applicant through the instant revision Application has challenged the order passed by VIIth Additional District and Session Judge Karachi (East) in Civil Appeal, upholding the order dated passed by VIth Senior Civil …

1768/2016 Const. P. Muhammad Muzammil (Petitioner) V/S Khawaja Mukhtiar Ali & Others (Respondent)

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Civil Procedure Code (V of 1908), S. 12(2)---Eviction petition---Tenant claiming adverse title---Abuse of process of court---Scope---Eviction petition fil…

290/2018 Suit Lucky Tex Pakistan (Pvt.) Ltd (Plaintiff) V/S Cresox (Pvt.) Limited (Defendant)

Whether a suit for specific performance enforcing the right of redemption can be maintained under Section 9 of the Code of Civil Procedure, 1908 viz a viz the bar contained in Section 23 of the Financial Institution (R…

70/2006 R.A (Civil Revision) Muhammad Amjad (Applicant) V/S Shaikh Inamullah & Ors (Respondent)

Since the applicant has failed to prove that the respondents No.1 & 2 had the knowledge of any sale transaction, the act of purchasing the property without public notice cannot be pressed into service to prove the mala f…

1465/2013 Const. P. MUHAMMAD ISHAQ KALOTA (Petitioner) V/S NAFEES AHMED & OTHERS (Respondent)

Admission of alleged default by tenant in any previous litigation or even in this case cannot be relied upon. Admission could only be of facts and cannot be of law. The law takes effect when applied on facts. Admission o…

107/2021 H.C.A Javed Iqbal (Appellant) V/S Abdul Rasheed Tagr & Others (Respondent)

The specific performance agreement itself may have been contingent upon events that relate to the happening of an event when the defendant/ respondent No.1 may have been allotted another piece of land from Government of …

83/2021 II.A. Altaf Ali Thr. Attorney Pehlwan Khaskheli (Appellant) V/S Province of Sindh & Others (Respondent)

Sale Deed-matter pending before the Revenue Authority- still plaint cannot be rejected.…

39/2016 H.C.A Mohammad Qasim & another (Appellant) V/S M/s. Gulshan-e-Faisal & others (Respondent)

Notarized Oral Gift Deed could not be proved. Representative of Society filed a vague Written Statement and did not step into the witness box. The subsequent chain of registered sale deeds, including the Appellant-Defend…

24/2014 F.R.A Nasir Hussain & Ors (Appellant) V/S Mumtaz Ali (Respondent)

The evidence i.e. available on record and three contrary versions and the pleadings of the rent case wherein no amount of rent was stated to be in existence or fixed and the cause of action alone was enough to establish …

65/2012 II.A. Muhammad Saeed Akhtar & another (Appellant) V/S Taha Mobeen Qureshi & Ors (Respondent)

Specific Relief Act (I of 1877)--- ----Ss.12 & 19---Civil Procedure Code (V of 1908), O. XXXVIII, R.5---Suit for specific performance of agreement to sell---Transfer of suit property to the subsequent purchaser---Breach …

172/2006 R.A (Civil Revision) Masood Ali Khan (Appellant) V/S Zahid Ali Khan & Another (Respondent)

Specific Relief Act (I of 1877)--- ---Ss. 12 & 39---Suit for specific performance, cancellation of agreement to sell and recovery of arrears of rent---Plaintiff filed suit for specific performance of contract whereas def…

184/2023 Const. P. Qadir Bux S/o Ali Bux Bhatti (Petitioner) V/S Waseem Akhtar Soomro and Another (Respondent)

Default in payment of rent; plea of purchasing the property and retaining possession; held Not Valid and lawful; specific performance suit does not permit retention of possession…

2174/2016 Const. P. Shamsheer Security Guards (Pvt.) Ltd. (Petitioner) V/S Muhammad Manik Chowdhary & Others (Respondent)