Citation Name: 2023 CLC 1892 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ALI HOUSING SCHEME vs KAMRAN

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Citation Name: 2023 CLC 1892 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ALI HOUSING SCHEME VS KAMRAN LATIF S.74---Specific Relief act (I of 1877), Ss.12 & 24 (b)---Suit for specific performance of agreement to sell---Late payment charges---Entitlement and quantum---Petitioners / defendants established a housing scheme and respondent / plaintiff purchased a plot therein---Contention of petitioners / defendants was that respondent / plaintiff committed default in payment of last two installments therefore, he was liable to pay late payment charges---Validity---Petitioners / defendants were entitled to reasonable late payment charges for the period of default in the payment of installments in question---amount of compensation specified in relevant clause of the agreement was oppressive and penal in the facts and circumstances and the same could not be allowed to petitioners / defendants---Respondent / plaintiff paid well in time the first six installments and delay was in relation to remaining two installments constituting 25% of the sale consideration for which late payment charges at the rate of Rs.1000/- per day per annum) were manifestly extortionate---No other reasonable amount of compensation was claimed in written statement nor established by petitioners / defendants---High Court deemed it appropriate to hold petitioners / defendants entitled to compensation in total of Rs.150,000/- for delay in the payment of last two installments, as there was no determination by the Courts below of reasonable compensation---Figure of compensation determined by High Court was an approximation arrived at by taking into account the State Bank of Pakistan's interest rates at the relevant time---High Court maintained judgment and decree of specific performance passed by lower appellate Court in favour of respondent / plaintiff with the modification that the decree was subject to payment of compensation of late payment charges by respondent / plaintiff to petitioners / defendants---Revision was disposed of accordingly.

Citation Name: 2023 CLC 1892 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ALI HOUSING SCHEME vs KAMRAN LATIF S — 2023 CLC 1892 LAHORE-HIGH-COURT-LAHORE

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