MUHAMMAD YOUSAF vs ALLAH DITTA S — 2021 SCMR 1241 SUPREME-COURT

Case information

Citation: 2021 SCMR 1241 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUHAMMAD YOUSAF vs ALLAH DITTA S
Subject matter: Civil
Provisions referred to: S. 12---T; S. 54---A; Property Act (IV of 1882)

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 YOUSAF VS ALLAH DITTA S. 12---Transfer of Property Act (IV of 1882), S. 54---Agreement to sell immoveable property---Failure to pay balance consideration within stipulated time---Effect---Only obligation on the plaintiff/buyer was to tender money to the seller and in case of the seller's refusal to receive it then to deposit the same in the Court or otherwise demonstrate his ability and readiness to make payment, which elements were entirely missing in the present case---Plaintiff filed a suit seeking specific performance of a contract but did not at any stage demonstrate that he was ready, able and willing to perform his obligation there under, which was to tender/deposit the balance sale consideration, therefore, there was no justification for the court below to decree the suit and to permit the plaintiff/buyer to tender the balance sale consideration after a lapse of about twenty years.

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