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IRFAN RASHEED vs MUHAMMAD MUAZIM S — 2022 PLD 372 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 372 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
IRFAN RASHEED vs MUHAMMAD MUAZIM S
Subject matter
Civil
Provisions referred to
S. 24---R

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

IRFAN RASHEED VS MUHAMMAD MUAZIM S. 24---Relief of specific performance could be extended only on equitable grounds; it could be declined if the court arrived at the conclusion that it was unjust to do so or where the circumstances showed that performance of contract could be given an unfair advantage to a plaintiff over the defendant or all necessary particulars entitling the specific performance of the contract could not be established and in such context the rule consistently observed was that the party seeking specific performance of the sale agreement needed not only allege but also prove readiness/willingness to perform his part of obligation under agreement from the date of agreement till the passing of decree and that with a view to demonstrate his readiness, willingness, capacity to pay and intentions to pay needed to offer the payment of balance consideration to the vendor or on his refusal, to tender the same in the Court; failing which adverse consequences would follow while determining the main suit and the entitlement of the plaintiff to seek decree in equitable/discretionary jurisdiction.

Other judgments reported in 2022 PLD

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