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Plaintiff's Statement:

Baqir Alvi, the plaintiff, claims that he is the rightful owner of the immovable property in question. He
argues that he appointed Ilyas Tauqeer just to manage his properties in Quetta, not to sell them. He
claims that Ilyas acted with undue influence and concealed a separate agreement with Shami Hassan,
which led to the sale of the property at a price significantly below its market value. Baqir Alvi insists that
this transaction should be declared void, and he should be entitled to the delivery of possession of the
property.

Defendant's Statement:

Shami Hassan, the defendant, argues that he entered into a valid and enforceable contract with Ilyas
Tauqeer to purchase the property. He contends that he was unaware of Ilyas's concealed agreement and
should not be penalized for Ilyas's actions. Shami Hassan claims that it would be unjust to revoke the
deal at this stage, as he relied on Ilyas's representations and fulfilled his part of the contract by making
the payment. He insists that the contract should be honored, and he should be granted ownership of the
property.

Laws and its sections which are linked with this case.

In the case you've presented, several sections of the Contract Act and Property Act and Principles Equity
could be relevant. Here are some sections that may be applicable:

Contract Act:

Section 2 - Definition of Contract: This section defines a contract as an agreement enforceable by law. It
sets the foundational understanding of what constitutes a contract.

Section 10 - What agreements are contracts: This section outlines the essential elements required to
form a valid contract, including free consent, lawful consideration, lawful object, and capacity of parties.

Section 19 - Voidability of agreements without free consent: This section deals with situations where
consent is not freely given, which may be relevant if there are allegations of undue influence or
misrepresentation.

Section 20 - Agreement void if impossible of performance: If there are claims that the agreement was
impossible to perform, this section could be relevant.

Property Act:

Section 2 - Transfer of Property Act Definitions: This section provides definitions of key terms related to
property law.

Section 54 - Sale: Section 54 deals with the sale of immovable property and may be relevant to the sale
of the property in this case.
Section 55 - Rights and liabilities of buyer and seller: This section outlines the rights and liabilities of both
the buyer and seller in a property transaction.

Section 58 - Condition to be treated as warranty: If there are issues related to the conditions or
warranties of the property, Section 58 could be applicable.

In the case presented, several principles of equity may be relevant to the arguments made by both
parties. Equity is a branch of law that focuses on fairness, justice, and preventing unjust enrichment.
Some of the equity principles that could be applied in this case include:

Undue Influence: Baqir Alvi could argue that there was undue influence by Ilyas Tauqeer, who concealed
a significant aspect of the agreement and influenced the sale of the property for a lower price. Undue
influence is an equitable doctrine aimed at preventing unfair transactions.

Concealment: Baqir Alvi may claim that Ilyas concealed a material fact from him regarding the second
agreement with Shami Hassan. Concealment of information can be seen as inequitable behavior.

Specific Performance: Shami Hassan, as the buyer, may invoke the principle of specific performance,
asking the court to enforce the specific terms of the agreement. However, Baqir Alvi, as the seller, may
resist this based on claims of fraud and inequity.

Clean Hands: The court may consider whether both parties have "clean hands" in this transaction. Baqir
Alvi may argue that Shami Hassan was not aware of Ilyas's ulterior motives, and therefore, he has clean
hands. On the other hand, he could argue that Ilyas's actions were not clean, having concealed the true
nature of the deal.

Unjust Enrichment: The court may examine whether either party would be unjustly enriched by
enforcing the contract. Baqir Alvi might contend that enforcing the deal would result in unjust
enrichment for Shami Hassan, considering the significant difference in the property's true market value.

The specific principles of equity and their application would depend on how the facts and circumstances
of the case are presented and argued by both parties before the court. The court will need to balance
these equitable principles with contract law and property law to reach a just and fair decision.

Arguments by Both Parties

Arguments by Baqir Alvi:

1. Undue Influence and Concealment


Baqir Alvi can contend that Ilyas Tauqeer acted with excessive
impact and covered a critical part of the understanding. This disguise adds up to
misrepresentation, and the contract between Shami Hassan and Ilyas ought to be pronounced
void.

2.Lack of Authority:
Baqir Alvi can state that Ilyas Tauqeer didn't have the power to go into settlements for his
benefit. He selected Ilyas to deal with his properties, not to sell them. Subsequently, any understanding
made by Ilyas for the offer of the property isn't restricting on Baqir.

2. Market Value:
Baqir Alvi might battle that the genuine market worth of the property was
fundamentally higher, as proposed by his companion Khadim Hussain. The arrangement was
exceptionally adverse to his preferences, and he ought not be compelled to respect it.

Arguments by Shami Hassan:

1. Enforceable Contract
Shami Hassan might deal with that he went into a solid and enforceable
contract with Ilyas Tauqeer to buy the property at a cost of Rs. 1,000/ - per sq. ft. He satisfied his
piece of the contract by making the installment, and he is qualified for the exchange of
possession according to the conditions of the arrangement.

2. Unaware of Ilyas' Intentions:


Shami might guarantee that he knew nothing about Ilyas Tauqeer's
hidden thought processes and his cloaked arrangement. In this manner, he must not be
punished for Ilyas' activities, and the contract ought to be respected.

3. Equity:
Shami Hassan might insist that it would be uncalled for and unfair to renounce the
arrangement at this stage, as he depended on the representations made by Ilyas Tauqeer, who
gave off an impression of being a genuine delegate of Baqir Alvi.

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