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ASIM JAMSHAID vs SHAHZAD IQBAL MALIK Ss — 2023 CLC 1100 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLC 1100 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLC
Parties
ASIM JAMSHAID vs SHAHZAD IQBAL MALIK Ss
Subject matter
Civil

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

ASIM JAMSHAID VS SHAHZAD IQBAL MALIK Ss. 12 & 22---Suit for specific performance of agreement to sell immoveable property (plot)---Performance of Contract---Specific enforceability---Court, discretion of---Agreement between the parties with respect to a plot in which only 8% of total sale consideration was paid as earnest money and remaining amount was to be paid in 5 days or so---Contention of the appellant/plaintiff was that Courts below were bound to decree his suit qua specific performance notwithstanding a clause in agreement providing for payment of double the earnest money in case of refusal by the seller (respondent/defendant)---Held, that the grant of relief of specific performance of contract was discretionary in nature which could not be exercised arbitrarily---Courts were not bound to grant relief of specific performance of contract merely because it was lawful to do so---It was essentially an equitable relief and could be declined if the Court reached the conclusion that the same was unjust and inequitable---Appeal was dismissed.

Other judgments reported in 2023 CLC

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