Hakim MOHAMMAD SHA RIF vs THE LAHORE IMPROVEMENT TRUST, LAHORE — 1971 PLD 460

Citation: 1971 PLD 460

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Hakim MOHAMMAD SHA RIF vs THE LAHORE IMPROVEMENT TRUST, LAHORE JUDGMENT

Headnotes

Case cited as PLD 1971 Supreme Court 460

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title:Hakim MOHAMMAD SHA RIF vs THE LAHORE IMPROVEMENT TRUST, LAHORE JUDGMENT Reported As: PLD 1971 Supreme Court 460 Result: Appeal accepted Judgment JUDGMENT M. R. KHAN, J.--This appeal, by special leave, at the instanceof the plaintiff, arises out of a suit for specific performance of a contract of sale. The facts of the case are that the plaintiff-appellant entered into an agreement with the Lahore Improvement Trust, the first respondent (hereinafter called the Improvement Trust) to purchase plots Nos, 49 and 50 in Block B, Gulberg Extension, Lahore for Rs, 8,217-12-0. He paid Rs, 1,000 as earnest money, and the balance purchase price was payable in four equal instalments. The plaintiff paid the first three instalments as they became due and got possession of the plots after the payment of the first instalment. Before the fourth instalment fell due on the 30th July 1953, the Improvement Trust, by its letter, dated the 26th May 1953, asked the plaintiff to report within one week for completion of registration of the agreement for sale. In pursuance of this direction, the plaintiff attended the office of the Sub-Registrar for more than seven days in succession but none appeared there on behalf of the Improvement Trust. His further efforts to get the agreement registered failed. Subsequently, he came to learn upon enquiry that the Improve-ment Trust, in order to make…

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