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ALAMZAIB KHAN vs KASI BEHRIA TOWN MAIN JINNAH ROAD, QUETTA Ss — 2023 CLC 2050 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 CLC 2050 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
CLC
Parties
ALAMZAIB KHAN vs KASI BEHRIA TOWN MAIN JINNAH ROAD, QUETTA Ss
Subject matter
Civil
Provisions referred to
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

ALAMZAIB KHAN VS KASI BEHRIA TOWN MAIN JINNAH ROAD, QUETTA Ss. 12, 42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for specific performance of agreement to sell, declaration and injunction---Interim injunction, grant of---Prima facie case---Petitioner / plaintiff sought specific performance of agreement to sell entered into with respondent / defendant regarding purchase of suit property for which he had already paid more than 50% of consideration amount---Trial Court and Lower Appellate Court declined to grant interim injunction in favour of petitioner / plaintiff---Validity---Petitioner / plaintiff purchased plot from respondent / defendant for total consideration amount of Rupees 800,000/- on monthly installment basis, out of which petitioner had paid advance amount of Rupees 40,000/- and monthly installments were fixed as Rs. 10,000/- per month and until December 2019, amount deposited had become around Rupees 380,000/- which was more than 50% of the total amount of the plot in question---Both the Court below while passing orders in question lost sight of such factual background and principles for grant of injunction---Petitioner had a good prima facie case and balance of convenience lied in his favor---If respondent / defendant further allotted plot in question to third party, loss would be caused to petitioner / plaintiff---Interim injunction was to avoid multiplicity of suits or inclusion of strangers to suit property---High Court did not find any justification before fora below to reject request of petitioner / plaintiff for grant of ad interim injunction, as he had made out a case in his favor---High Court set aside orders passed by two Courts below and interim injunction was granted in favor of petitioner / plaintiff---Application was allowed accordingly.

Other judgments reported in 2023 CLC

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