MUHAMMAD SADDIQ vs GHULAM SARWAR S — 2021 MLD 2123 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 2123 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: MUHAMMAD SADDIQ vs GHULAM SARWAR S
Subject matter: Civil
Provisions referred to: S. 35

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SADDIQ VS GHULAM SARWAR S.35(c)---Rescission of agreement---Suit for specific performance---Execution petition---Decree holder was directed to make payment of balance consideration amount---Petitioner/judgment debtor contended that respondent/decree holder had failed to make payment of balance consideration amount within two months of passing of judgment/decree and agreement ceased to exist---Validity---If condition of the depositing amount mentioned in the decree was not fulfilled, then the said agreement would cease to exist or rescind, however, certain exceptions were there including the circumstances beyond the control of the decree holder or due to stay of proceeding by some court---Petitioner/judgment debtor filed objection and lingered on the matter from one pretext to another---Respondent/decree holder on various dates produced cheque for making payment of sale consideration which either could not be paid due to absence of the petitioner or he was reluctant to receive the same---Execution application was also consigned to record due to stay order---Executing Court was required to direct the decree holder to deposit the sale consideration amount in the CCD account of the Court, but had not ordered---Decree holder could not be prejudiced due to the act of Court---Decree holder was directed by High Court to deposit balance consideration amount within 15 days---Revision petition was disposed of accordingly.

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