HYPOTHETICAL

FOR ASSIGNEMNT # 02
JURISPRUDENCE – II
Baqir Alvi ………...…………………………………………………………………Plaintiff
Versus
Shami Hassan and Tauqeer Aslam ……………………..…………………… Defendants

FACTS:

1. Baqir Alvi is a person of fortune, owning both movable and immovable properties across the
country. He is permanently residing in Islamabad.

2. To look after his properties in Quetta, he has appointed Ilyas Tauqeer, who is resident of
Quetta, in 2015. Since, then Baqir Alvi never visited Quetta.

3. In 2016, a property dealer, Khalid Siddique approached Ilyas for the sale of the immovable
property belonging to Baqir measuring 3000 sq. ft. He offered Rs. 1000/- per sq. ft. Ilyas
contacted Baqir through phone call. At that time Baqir was busy in a business deal with the
Chinese company in Islamabad. He responded to Ilyas that ‘you are appointed to deal with all
the properties in Quetta, therefore, do whatever you think reasonable and inform me
accordingly.’ Ilyas, afterwards, inquired the market price of the property from other sources
and he came to the conclusion that market price of the said property is Rs. 800/- per sq. ft.
Therefore, he agreed to sell the property to Khalid Siqque.

4. From this day on, Ilyas Tauqeer started not only selling the properties belonging to but also
started purchasing the properties for Baqir Alvi in Quetta.

5. In September, 2023, Ilyas received an offer from Shami Hassan, a local real estate builder, for
the sale of immovable property belonging to Baqir Alvi measuring 20,000 sq. ft. in the main
city area for a price of Rs. 1,000/- per sq. ft. Ilyas Tauqeer tried to contact Baqir Alvi that day,
however, he was inaccessible. The other day Ilyas Tauqueer again contacted Baqir Alvi on his
landline of his office in Islamabad. The secretary told him that he is not available in the country,
however, the secretary asked him if he want to convey any message. Ilyas Tauqeer briefed the
secretary about the deal of property and also told him that in my opinion the market price of
the said property may not be more than Rs. 700/- per sq. ft., therefore, the deal is beneficial.
The next day, the secretary informed Ilyas Tauqeer that Baqir Alvi has consented to go with
the deal.

6. Therefore, Ilyas Tauqeer has finalized the deal with Shami Hassan on the following terms and
conditions:

a. That Shami Hassan shall pay the whole amount in cash or through a bank transaction till
October 15th, 2023 at the rate of Rs. 1,000/- per sq. ft.

© 2023 - ASMATULLAH KAKAR (Asst. Professor, University Law College, Quetta) 1

 b. That on the same day Ilyas Tauqeer shall transfer the possession of the said property to
Shami.Hassan

c. That however, the transfer of ownership shall be made till November 15, 2023, for which
both Ilyas Tauqeer and Shami Hassan shall travel to Islamabad as to convey the transfer of
the ownership from Baqir Alvi to Shami Hassan as per law. All the expenses of the said
trip to Islamabad shall be borne by Shami Hassan.

7. On October 15, 2023 Shami Hassan deposited the whole amount in the Bank Account of Baqir
Alvi in presence of Ilyas Tauqeer. Consequently, as per the contents of the agreement, Ilyas
Tauqeer handed over the possession of the property to Shami Hassan.

8. Baqir Alvi reached Islamabad on October 25, 2023. After reaching Islamabad he received a
call from his friend Khadim Hussain, who is the resident of Quetta. During conversation, Baqir
Alvi inquired his opinion about the deal of the property carried on by Ilyas Tauqeer on his
behalf. Khadim Hussain was shocked when he heard about the price of the property. He told
Baqir Alvi that the minimum market value of such property shall be Rs. 2,000/- per sq. ft.

9. Mr. Baqir then realized that he has made the biggest mistake of his life by trusting Ilyas
Tauqeer. Therefore, he decided to travel to Quetta, the next morning for revoking the deal and
to set the things with Ilyas Tauqeer.

10. After reaching Quetta he investigated in the matter and came to know about the true version of
the story, which may be narrated as under:

Shami Hassan wanted to build a Shopping Mall on the property in question. However, he
was not in a position to purchase the property in consideration of the real Market value,
therefore, when he heard that Ilyas Tauqeer is the ostensible dealer of all the properties of
Baqir Alvi, hence, he offered Ilyas Tauqeer that if he can lower down the price to Rs. 1000/-
per sq. ft., Shami Hassan will give them the contract of the construction work of the Mall
along with the ownership of four shops in the Mall on the ground floor. To which finally
Ilyas Tauqeer agreed and decided to appropriate the benefits of the contract of
construction and the ownership of the shops in Market to himself, therefore, he concealed
the contents of this second agreement from Baqir Alvi.

11. After knowing all the facts, Baqir Alvi told Shami Hassan on November 10, 2023 that he
intends to revoke the deal and is not ready to pass the ownership to him.

12. Shami Hassan, after making entire efforts to convince Baqir Alvi that he was not aware of the
ulterior motives of Mr. Ilyas, therefore, his rights may not be damaged.

13. Baqir Alvi told Shami Hassan via an email on November 15, 2023 that he believes that Shami
Hassan was unaware of the intentions of Ilyas Tauqeer, however, the deal is too detrimental to
his interest, therefore, he cannot go with the deal and is not ready for any transfer of the
ownership whatsoever. He further, urged Shami Hassan for the delivery of the possession of
property and offered the payment of the amount he paid under the deal with Ilyas Tauqeer.

© 2023 - ASMATULLAH KAKAR (Asst. Professor, University Law College, Quetta) 2

14. Being disappointed with the behavior of Shami Hassad, Baqir Alvi filed a civil suits in the
District Court of Quetta for declaration of title and delivery of possession of immovable
property against Shami Hassan and Ilyas Tauqeer

15. The suit is fixed for final arguments from both the sides on the issues fixed as under:

ISSUES:

1. Whether Mr. Shami’s right of ownership to the property vested in him and Mr. Baqir’s right
of ownership extinguished and whether Mr. Shami is entitled for the transfer of the
ownership of property in question?

2. Whether Mr. Baqir’s right is still intact in the property in question and whether he is entitled
to the delivery of the possession of the said property?

3. Whether the act of Mr. Ilyas Tauqeer was not in accordance with law and if so what shall be
his liabilities both towards Mr. Baqir Alvi and Mr. Shami Hassan.

NOTES:

1. The arguments must be advanced both in favour and against the plaintiffs and defendants in
both the suits.
2. All the facts narrated are agreed upon, therefore, cannot be contested.
3. The teams shall not fabricate or add any new fact except that the plaintiff can determine the
measurement and suppose the location of the property in a property manner.
2. Jurisdiction of the Court cannot be questioned.
3. All the arguments shall be based on the facts narrated above. Neither new facts be fabricated
into nor the existing facts be modified, changed or circumscribed.
4. All the relevant laws including the 1973 Constitution, for the time being enforced in Pakistan
and all the precedents of the apex Courts of Pakistan shall be applicable to the instant cases.

© 2023 - ASMATULLAH KAKAR (Asst. Professor, University Law College, Quetta) 3