MD. ANWARULLAH MAZUMDAR vs TAMINA BIBI AND 5 Other — 1971 SCMR 94

Citation: 1971 SCMR 94

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-06-15

Parties: MD. ANWARULLAH MAZUMDAR vs TAMINA BIBI AND 5 Other

Headnotes

Case cited as 1971 SCMR 94

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: MD. ANWARULLAH MAZUMDAR vs TAMINA BIBI AND 5 Other Case No.: Civil Petition for Special Leave to Appeal No. 5-D of 1970 Date of Judgment:1970-06-15 Reported As: 1971 SCMR 94 Result: Petition dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner brought a suit for specific performance of a contract of sale alleging that one Mst. Tamina Bibi, the predecessor-in-interest of the present respondents, had on the 14th of August 1963, entered into an agreement to sell to him the suit lands, measuring 5.84 acres, for a consideration of Rs. 3,500. After the execution of this agreement, the said Tamina Bibi fell seriously ill in the house of her son's father-in-law at Balakhal. As her condition was getting precarious, her son was sent to the petitioner with a request to make arrangements for immediate execution of the deed of sale in fulfilment of the agreement earlier entered into. The petitioner not being in a position to immediately procure the entire consideration money requested the said Tamina Bibi's son to purchase a stamp paper of Rs. 1-8-0 and to wait for the petitioner at his father-in-law's house. The petitioner went there that very day i. e. The 13th Aswin, 1370 B. S., and a bainapatra was written and executed on the stamp paper embodying the terms of the contract for the sale of the land. The petitioner paid Rs. 2,000 as earnest money to the vendor's son. In pursuance…

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