MUHAMMAD NAEEM SHAFI vs Mst — 2022 CLC 744 LAHORE-HIGH-COURT-LAHORE

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

MUHAMMAD NAEEM SHAFI VS Mst. SHAMIM AKHTAR S.12---Civil Procedure Code (V of 1908), S.100---Specific performance of agreement to sell---Consequence of breach---Determination---Readiness to complete part of agreement---Proof---Appellant/plaintiff sought specific performance of agreement to sell regarding suit property on the plea that he was ready to perform the agreement---Trial Court dismissed the suit to the extent of specific performance of agreement to sell and decreed the same to the extent of recovery of earnest money---Validity---Crossing out clause of right of specific performance before execution of agreement, indicated that while setting the terms, at the final stage, parties agreed and they were mindful that consequence of breach was not specific performance but penalty--- Parties at the time of execution were not to get agreement specifically performed but showed contentment to penalty clauses--- Throughout trial no plausible evidence could be given by appellant/plaintiff that he ever had balance consideration amount at the time of filing the case--- Remaining consideration amount was not deposited and no attempt was made to bring on record statement of Bank account or any other evidence to show that appellant/plaintiff had adequate money at the requisite time---To seek discretionary and equitable relief of specific performance it was incumbent upon appellant/plaintiff to show his readiness, willingness as well as capacity to perform agreement---High Court in exercise of appellate jurisdiction under S.100, C.P.C. declined to interfere in concurrent findings of facts by two Courts below as no material issue could be determined nor any substantial defect or error in procedure could be shown by appellant/plaintiff---Second appeal was dismissed, in circumstances.

MUHAMMAD NAEEM SHAFI vs Mst — 2022 CLC 744 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 CLC