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MUHAMMAD ASIF AWAN vs DAWOOD KHAN Ss — 2021 SCMR 1270 SUPREME-COURT

Case information

Citation
2021 SCMR 1270 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD ASIF AWAN vs DAWOOD KHAN Ss
Subject matter
Criminal
Provisions referred to
S. 54---S; Property Act (IV of 1882); Specific Relief Act

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 ASIF AWAN VS DAWOOD KHAN Ss. 12 & 24(b)---Transfer of Property Act (IV of 1882), S. 54---Suit for specific performance of agreement to sell immoveable property---Balance sale consideration---Deposit in court---Powers of Trial Court---Scope---Upon filing of a suit seeking specific performance of an agreement in respect of an immovable property, there was no provision in the Specific Relief Act, 1877 which cast any duty on the Court or required the vendee to first deposit the balance sale consideration---However, since the law of specific relief was based on the principles of equity and further that the relief of specific performance was discretionary and could not be claimed as a matter of right, therefore, the Court in order to ensure the bona fide of the vendee at any stage of the proceedings may put him to terms---In order to weigh the capacity of the vendee to perform and his intention to purchase, the Court may direct the vendee to deposit the balance sale consideration---Readiness and willingness on the part of the vendee to perform his part of obligation also prima-facie demonstrated that the non-completion of the contract was not the fault of the vendee and the contract would have been completed, if it had not been renounced by the vendor.

Other judgments reported in 2021 SCMR

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