MUHAMMAD GHAFFAR vs ARIF MUHAMMAD S — 2022 YLR 2287 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 2287 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD GHAFFAR vs ARIF MUHAMMAD S
Subject matter: Civil
Provisions referred to: S. 12---C; S. 115---; Civil Procedure Code (V of 1908)

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

MUHAMMAD GHAFFAR VS ARIF MUHAMMAD S. 12---Civil Procedure Code (V of 1908), S. 115--- Suit for specific performance of agreement to sell---Concurrent findings of two Courts below---Reciprocal promise---Suit filed by respondent/plaintiff for specific performance of agreement to sell executed by petitioners/defendants was decreed in his favour---Validity---Contract/agreement to sell contained reciprocal promise that one of them could not be performed or that its performance could not be claimed till the other had been performed---Obligation to pay remaining balance sale consideration was dependent and would occur on transfer of suit property through mutation on the part of petitioners/ defendants which was not performed till filing of suit due to their denial of execution of agreement to sell with respondent/plaintiff---Revision had a very narrow scope and required High Court to examine whether Courts below failed to exercise jurisdiction vested in them or had acted in exercise of jurisdiction illegally, without material irregularities and had misread evidence brought on record by the parties, otherwise not---Judgments and decrees passed by two courts below were based on proper appreciation of evidence on record---High Court declined to interfere in concurrent findings of facts by two Courts below as there was no misreading or non-reading of evidence available on record---Revision was dismissed, in circumstances. Head NotesCase Description

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