JAHANGIR KHAN vs MUHAMMAD HANIF — 1971 SCMR 195

Citation: 1971 SCMR 195

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: JAHANGIR KHAN vs MUHAMMAD HANIF

Headnotes

Case cited as 1971 SCMR 195

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: JAHANGIR KHAN vs MUHAMMAD HANIF Case No.:Civil Petition for Special Leave to Appeal No. 165 of 1970 Regular Second JUDGMENT Reported As: 1971 SCMR 195 Result: Leave refused Judgment JUDGMENT M. R. KHAN, J.-The petitioner was the defendant in a suit for specific performance of a contract of sale, dated the 2nd January 196;1, brought by the respondent. The contract sought to be enforced was in respect of shop No. 2-87-165, situated at Shanpur Saddar, District Sargodha. This contract was admitted by the petitioner. He, however, took the defence that on the same date another contract was made between the parties where--under the respondent was to pay the balance of tire consideration money within two years of that contract failing which the earnest money of Rs. 2,000 was liable to be forfeited. His specific plea was that the respondent failed to pay the balance consideration within the stipulated period and, as such, the contract was not liable to be enforced. This plea was rejected by the trial Court, and the suit was decreed. The decree was maintained on appeal. A second appeal was dismissed in limine by a learned Judge of the High Court of West Pakistan, Lahore. The petitioner now seeks special leave to appeal. The petitioner's case depended on the second contract alleged to have been entered into between the parties on the 2nd January 1961. In the opinion of the Courts of fact,…

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