ABDUL KARIM vs SAFIA MIRZA and 5 others — 1986 MLD 1333

Citation: 1986 MLD 1333

Court: Sindh High Court

Year: 1936

Decision Date: 1936-02-22

Parties: ABDUL KARIM vs SAFIA MIRZA and 5 others

Headnotes

Case cited as 1986 MLD 1333

Judgment Text

Court Name: Sindh High Court Judge(s): Saleem Akhter Title: ABDUL KARIM vs SAFIA MIRZA and 5 others Case No.: Civil Miscellaneous Appeals Nos. 2290 and 2335 of 1985 Suit No,302 of 1978 Date of Judgment:1936-02-22 Reported As: 1986 MLD 1333 Result: Application dismissed Judgment ORDER ' The plaintiff has filed a suit for specific performance of the agreement and in the alternative for compensation. The defendant's predecessor Muhammad Amin Mirza was an allottee of plot bearing No, 160/E, Block No,3, Old Survey Sheet No,35/P/1 P.E.C.H. Society, Karachi. Under an agreement, dated 18-6-1965 the deceased agreed to allow the plaintiff to raise the building on the said plot on Terms and conditions mentioned therein. In pursuance of the agreement possession of the plot was handed over to the plaintiff and the plaintiff by way of security for due performance of the contract deposited with the deceased a sum of Rs,78,000. The cost of construction of the building was agreed at Rs,one lac. Clauses 5 and 6 of the agreement read as follows:- (5) That in case of the failure of the party of the first part to pay the party of the second part or to his nominee or nominees the said amount of Rs,1,78,000 (Rupees one lac seventy-eight thousand only) within seven days from the receipt of the said intimation of completion of the said building, the party of the second part shall automatically become the full and absolute owner of the said plot of land with buildings thereon. The time factor shall…

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