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Syed MUHAMMAD TAYYAB vs NAEEMUL GHANI Ss — 2022 CLC 190 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 190 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
Syed MUHAMMAD TAYYAB vs NAEEMUL GHANI Ss
Subject matter
Civil

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

Syed MUHAMMAD TAYYAB VS NAEEMUL GHANI Ss. 12, 22, 42 & 54---Specific performance of agreement, refusal of---Discretion, exercise of---Principle---Suit for specific performance, declaration and injunction was filed by respondent-plaintiff regarding purchase of suit property---Suit was decreed by Single Judge of High Court in favour of respondent-plaintiff---Validity---Court had discretion to decline specific performance of agreement even in absence of an obvious impediment in such behalf despite the fact that agreement possessed all necessary particulars entailing specific performance of contract---Specific performance was an equitable relief which could lawfully be declined if Court would come to the conclusion that it was unjust and inequitable to do so---For determining where relief of specific performance was to be granted, circumstances under which the contract was executed and the conduct of parties at that time and thereafter was to be taken into consideration---Respondent-plaintiff failed to make out a case for specific performance of contract as he was not entitled for such relief---Division Bench of High Court set aside judgment and decree passed by Single Judge of High Court as the same suffered from material illegalities--- Division Bench of High Court directed Court office to refund the amount deposited by respondent-plaintiff---Intra Court Appeal was allowed, in circumstances.

Other judgments reported in 2022 CLC

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