ABDUS SALAM KHAN BARKI vs Mian PERVAIZ AKHTAR Ss — 2022 PLD 346 ISLAMABAD

Case information

Citation: 2022 PLD 346 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLD
Parties: ABDUS SALAM KHAN BARKI vs Mian PERVAIZ AKHTAR Ss
Subject matter: Civil
Provisions referred to: S. 24; 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

ABDUS SALAM KHAN BARKI VS Mian PERVAIZ AKHTAR Ss. 24(b) & 12---Specific performance of agreement to sell---Deposit of balance consideration amount---Principle---Where plaintiff is seeking enforcement of a contract in relation to immovable property and any consideration in lieu of such property remains outstanding, even if due to steps that remain to be taken on part of the counter party in such contract, it is for the plaintiff to seek permission to deposit balance consideration or valid financial security in lieu thereof to establish within the meaning of S.24(b) of Specific Relief Act, 1877, that he is not incapable of performing his/her end of the bargain---Non-deposit of balance consideration after seeking court permission would not result in automatically dismissal of suit.

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