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Citation Name: 2023 CLC 1363 PESHAWAR-HIGH-COURTBookmark this Case JAVED IMRAN vs MUHAMMAD ARIF S — 2023 CLC 1363 PESHAWAR-HIGH-COURT

Case information

Citation
2023 CLC 1363 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
CLC
Parties
Citation Name: 2023 CLC 1363 PESHAWAR-HIGH-COURTBookmark this Case JAVED IMRAN vs MUHAMMAD ARIF S
Subject matter
Civil
Provisions referred to
S. 12---C; S. 37---S; S. 37; S. 22---D; Contract Act (IX of 1872); Contract 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

Citation Name: 2023 CLC 1363 PESHAWAR-HIGH-COURTBookmark this Case JAVED IMRAN VS MUHAMMAD ARIF S. 12---Contract Act (IX of 1872), S. 37---Suit for specific performance of agreement to sell---Obligation of parties to contract---Scope---Plaintiff is required to be and should continue to be ready and willing to perform his part of the agreement to sell---Willingness to pay entire sale consideration under an agreement to sell pertains to the financial capacity of a buyer to make payment of the balance consideration---Plaintiff has to show that he had necessary financial capacity to pay the balance sale consideration at all points of time after the agreement to sell was entered into---Readiness to pay the sale consideration by plaintiff to perform his part of the contract is because of the fact that specific performance is a discretionary relief and to get such relief, the payment of balance amount is an obligation of plaintiff within the contemplation of S.37 of the Contract Act, 1872, which enumerates that the parties to a contract must either perform or offer to perform their respective promises, unless such performance is dispensed with or excused under the provisions of the Contract Act, 1872 or of any other law---Deposit of balance amount in the Court is the pre-requisite for a plaintiff at the time of filing suit seeking enforcement of agreement to sell. Citation Name: 2023 CLC 1363 PESHAWAR-HIGH-COURTBookmark this Case JAVED IMRAN VS MUHAMMAD ARIF S.22---Discretion as to decreeing specific performance---Scope---Grant of decree for specific performance of the agreement is a discretionary relief which discretion is not to be exercised arbitrarily but reasonably guided by judicial principles capable of correction by a Court of appeal.

Other judgments reported in 2023 CLC

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