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Mrs. SARA JALIL vs MUHAMMAD JAMIL BABER S — 2022 CLC 569 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 569 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
Mrs. SARA JALIL vs MUHAMMAD JAMIL BABER S
Subject matter
Civil
Provisions referred to
S. 42---S

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

Mrs. SARA JALIL VS MUHAMMAD JAMIL BABER S.42---Suit for specific performance---Balance sale consideration, payment of---Injunctive order---Respondent filed suit for specific performance and permanent injunction against appellant---Appellant claimed ownership of subject house and contended that she rented out said house to son of respondent; that son of respondent defaulted payment of rent; that she came to know about the respondent's suit and stay order---Appellant moved Civil Miscellaneous Application (CMA) seeking dismissal of the suit on ground that the respondent/plaintiff failed to comply with the order passed in the suit---Single Judge of the High Court dismissed the CMA---Validity---Single Judge of High Court directed the appellant that injunctive order was subject to deposit of the balance sale consideration---Appellant was never put to notice that non-compliance of such order would be deemed to be his incapability of performing his part of the contract and it would entail dismissal of the suit---Suit was alive and the order directing deposit of balance sale consideration did not stipulate the consequences for non-deposit---Respondent/plaintiff deposited the sale consideration in Court and as such had shown his willingness/readiness to perform his part of contract---Question as to entitlement for grant of specific performance would be decided after evaluating evidence of parties---Appeal was dismissed accordingly.

Other judgments reported in 2022 CLC

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