UNIVERSITY LAW COLLEGE, QUETTA

Intra-Class Moot Court Competition

Team Members

Mohammad Walid
Ayaz Khan
Safiullah
Husneen Younus
Sohail Khan

In The Court Of XYZ

Memorial For Defendant

 Table Of Contents

The Memorial shall contain following contents;

 Citation
 Memorial on behalf of plaintiff
 Summary of Facts
 Issues
 Rules
 Arguments
 Prayer
 Index Of Authorties:

Statues:
 Contract Act 1872
 Transfer Of Property Act 1882
 CPC 1908 order

Books:
 Jurisprudence
 In the district court of Quetta,
Civil Suit No._____ \2023

Civil suit for Declaration of property, Specific Performance for

agreement dated 15th September 2023
and Suit for permanent Injunction.

Baqir Alvi
R/O Islamabad …………. plaintiff

VERSUS

1. Shami Hassan
2. Aslam Touqeer

R/ O Quetta …………. Defendants

 Facts:
1. Baqir Alvi, who lives in Islamabad, owning movable and immovable properties in all
parts of Pakistan.
2. To take care his properties in Quetta, he has appointed Ilyas Tauqeer, residing in Quetta.
3. In 2016 a property dealer, Khalid Siddique met Ilyas for purchase of immovable property
that was in ownership of Baqir and area of the property was 3000 sq. ft. He offered to
purchase per sq. Ft costing 1000/- Rs. Ilyas made a call to Baqir at that time Baqir was
busy with his official works due to busy schedule he responded to Ilyas that you are
appointed to deal with all properties in Quetta do whatever you think fit and reasonable
and just inform me accordingly. Afterward Ilyas inquired market price from sources
which was 800/ per sq. ft. He decided to sell to Khalid Siddique.
4. In September Ilyas received an offer from a local estate builder named Shami Hassan for
the property of Baqir in the Quetta main city measuring (20,000sq ft) at the price of
1000/- per sq ft. At that day Ilyas contact Baqir but he was not available. Ilyas contacted
on his office landline. The secretary told him that Baqir is out of country however, Ilyas
told him the whole deal that the market price of the said property is not more than 700/
per sq ft and the deal is much beneficial in response the secretory on the next day
informed him that Baqir has consented to go with the deal.
5. So, Ilyas finalized the deal with shami on the following conditions.
(a) The Shami has to pay the whole amount whether in cash or by bank transaction till
October 15th, 2023 at the fixed price 1000/- per sq ft.
(b) On October 15th 2023 Ilyas shall transfer possession to the Shami Hassan.
6. The transfer of the ownership shall be made till November 15 th,2023 for which both of
them will go to Baqir Alvi. On October 15th ,2023 Shami Hassan paid the whole amount
in Bank Account of Baqir Alvi and Ilyas gave him possession of the property as per
decided.
7. Baqir Alvi reached Islamabad on October 25, 2023. Baqir shared the deal of his property
with Khadim Hussain, who is resident in Quetta, he was shocked and told Baqir that the
minimum value of the property shall be 2000/- per sq. ft.
8. Baqir Alvi became very disappointed on such behavior of Ilyas with him. Therefore, he
decided to travel to Quetta to revoke the deal.
9. After reaching Quetta he investigated and came to know about the true story that,
 Shami Hassan wanted to build a Shopping Mall on the property but he was unable to
purchase the property in market price. Therefore, when he came to know that Ilyas is the
ostensible dealer of the property of Baqir Alvi, he offered Ilyas Tauqeer that if he can fix
the deal on price of 1000/- per sq ft. Shami Hassan will give him contract of construction
work of the mall and as well as four shops in the mall on ground floor on which Ilyas
agreed therefore, he concealed the contents of this agreement from Baqir Alvi.
10. After that Baqir Alvi told Shami Hassan on November 10,2023 that he wants to revoke
the deal and will not pass the ownership.
11. Shami Hassan tried to convince Baqir Alvi that he was aware of malafide motive of Ilyas
and his rights may not be infringed.
12. Baqir Alvi informed Shami Hassan via email that he believes that Shami Hassan was
unaware of the intentions of the Ilyas but deal is too hurtful for him therefore he cannot
go for the deal. He demanded the possession of the property from Shami Hassan and
offered the payment of the consideration he paid under the deal.
13. In response Shami rejected the offer the Baqir Alvi finally filed a civil suit in the District
Court of Quetta for declaration of title and delivery of possession of property against
Shami Hassan and Ilyas Tauqeer.

Statement Of Charge:
The present case involves various legal issues and the
relevant laws would be apply to determine the result. In this situation, Contract Law
(1872) Property Law, Principles of Equity, Transfer of Ownership and Possession may be
relevant.

Arguments:
Enforceable Contract:
Shami Hassan, the defendant, argues that he entered into a valid and enforceable
contract with Ilyas Tauqeer to the property. As per section 2 of Contract Act 1872 as all
the legal requirements for a valid contract have been fulfilled and as per section 10 of
Contract Act, all agreements are contracts if they are made by the free consent of parties
competent to contract, for a lawful consideration and with a lawful object, and are not
hereby expressly declared to be void.1
As in the case, the agreement is made with free consent of both parties, both parties are
major and competent to contract along with the lawful object and consideration so, such
contract shall be deemed to be a valid a contract.
41. Transfer by ostensible owner.—Where, with the consent, express or implied, of the
persons
interested in immoveable property, a person is the ostensible owner of such property and
transfers the
same for consideration, the transfer shall not be violable on the ground that the transferor
was not
authorised to make it.
1
Contract Act 1872 Section 10
 So, the contract made between Ilyas and Shami Hassan is a valid contract.
The second para of the plaint is denied on the fact that no concealment of facts was done
by Shami Hassan rather than it was duty of Ilyas Tauqeer to inform Baqir Alvi, his
principal, about the agreement of that four shops and contract of construction would be
given to them and he is still willing to fulfill the agreement on the transfer of ownership.
Shami Hassan contends that he was unaware of Ilyas’s concealed agreement in response
of which Baqir Alvi transparently told via an email on November 15, 2023 that he
believes that Shami Hassan was unaware of the intention of Ilyas Tauqeer, and should not
be penalized for Ilyas’s actions.
“Enforcement and consequences of agent's contracts 226. Contracts entered into
through an agent, and obligations arising from acts done by an agent, may be enforced
in the same manner, and will have the same legal consequences, as if the contracts had
been entered into and the acts done by the principal in person.”23
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 payment and act
of agent holds the position of principal’s act as per section 226 of Contract Act1872. He
insists that the contract should be honored, and he should be granted ownership of the
property as per the terms of the contract.
The para that contract can be rejected under section 215 of Contract Act, on the fact that
the deal is not disadvantageous to Baqir Alvi because Shami Hassan clearly offered to
give both of them not only Ilyas Tauqeer the contract of construction work of the mall
and ownership of 4 shops on ground floor in the mall, so Rs 1000/ per sq.ft plus the offer
is beneficial for Baqir Alvi therefore, Baqir Alvi is not entitled to the delivery of
possession of said property.
Specific performance of part of contract where part unperformed is small 14:
Where a party to a contract is unable to perform the whole of his part of it, but the part
which must be left unperformed bears only a small proportion to the whole in value, and
admits of compensation in money, the Court may, at the suit of either party, direct the
specific performance of so much of the contract as can be performed.4
Transfer of Property Act 1882 section 55 (1) (d) On payment or tender of the amount
due in respect of the price, to execute a proper conveyance of the property when the
buyer tenders it to him for execution at a proper time and place.5
Under the Section 14 of SRA and section 55(1) (d) of Transfer of Property Act the Shami
Hassan has performed his part of performance by paying amount now, it is his right and
Baqir Alvi’s duty to perform his part of the performance by delivering him the ownership
as per the terms of the contract.
According to Shami Hassan he was completely unaware of that negative intentions of
Ilyas towards the Baqir Alvi. If Ilyas Tauqeer had concealed the facts from Baqir, then
Shami Hassan’s right of ownership in said property shall not be infringed, if any loss
sustained by Baqir Alvi, so, it is the liability of Ilyas Tauqeer to compensate him.

2
Transfer of property Act 1882 Section 41
3
Contract Act 1872 Section 226
4
Specific Relief Act1877 section 14
5
Transfer Of Property Act 1882 section 55(1) (d)
 Finally, it is concluded that as per section 12(2) 0f CPC the burden of proof relies on the
party who claims to be frauded. In said suit Baqir Alvi claimed to be frauded but his
arguments were not satisfactory to prove to be frauded.
Bar to further suit.
[(2) Where a person challenges the validity of a judgment, decree or order on the plea of
fraud, misrepresentation or want of jurisdiction, he shall seek his remedy by making an
application to the Court which passed the final judgment, decree or order and not by a
separate suit.]6

PRAYER:
In the light of above arguments and answers given to the question of plaintiff, I submit
with most humble request before the honorable court that I entered into a valid and
enforceable agreement with Ilyas Tauqeer. Now that the claims of the plaintiff are not
valid so that the plaint shall be dismissed.

6
CPC section 12(2)