KHAIRAT ALI vs SAQIB ASHFAQ S — 2023 CLC 926 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 926 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: KHAIRAT ALI vs SAQIB ASHFAQ S
Subject matter: Civil
Provisions referred to: S. 24---

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

KHAIRAT ALI VS SAQIB ASHFAQ S.24---agreement to sell---Non-deposit of balance sale consideration despite direction of court---Effect---appellant/vendee filed suit for possession through specific performance of agreement to sell against respondents for non-performance of the same---appellant was directed by the Trial Court to deposit the remaining sale consideration, who failed to comply with such direction despite availing numerous opportunities including a last opportunity---Trial Court dismissed appellant's suit---appellant contended that he was ready to make the requisite payment and that it was in the best interest of justice if one opportunity be granted to the appellant---Validity---Wisdom behind ordering a vendee to deposit the remaining sale consideration was not only to see the vendee's bona fides/seriousness about fulfilling his contractual obligation but also to safeguard the rights of the vendor, therefore, any such order of deposit would definitely allure to the benefit of both the parties---Perusal of the record transpired that appellant from the very beginning had been applying delaying tactics in order to obviate the deposit of remaining sale consideration---Trial Court passed an order of deposit of remaining sale consideration in view of the Hamood Mehmood's case (2017 SCMR 2022) whereafter, successive opportunities were granted to the appellant to do the needful including last opportunity but even then he did not bother to do the needful---appeal was dismissed accordingly.

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