PREMIUM DEVELOPERS through Chief Executive vs MUHAMMAD TARIQ Ss — 2023 MLD 838 LAHORE-HIGH-COURT-LAHORE

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PREMIUM DEVELOPERS through Chief Executive VS MUHAMMAD TARIQ Ss. 12 & 54---Civil Procedure Code (V of 1908), S. 115---Suit for specific performance of agreement to sell and injunction---Balance consideration amount--- Determination--- Respondent/defendant/seller entered into agreement to sell his land with petitioner/plaintiff/buyer and after receiving earnest money did not conclude the sale---Petitioner/plaintiff/buyer claimed to have complied with all conditions of agreement---Validity---Agreement inter se the parties was a bilateral agreement and in a bilateral agreement, participating parties promised each other that they would perform or refrain from performing an act---Remaining amount of 1st installment of 25% of agreed sale consideration was to be paid by petitioner/plaintiff/buyer to the respondent/defendant/seller after finalization of actual recovery of the seller as it was remaining sale amount of already sold residential and commercial units of the Scheme upon providence of sales record along with and that of actual measurement of remaining available immovable assets of the Scheme---Nothing was on record to suggest that respondent/defendant/seller fulfilled his part of the agreement in such regard by providing detail of already sold units, residential and commercial, by providing sale records as well as actual measurement of remaining available immovable assets of the scheme---Without calculation of already sold units and received amount there-against actual sale price could not be determined and petitioner/plaintiff/buyer could not be directed to deposit entire agreed sale price as agreement in question was bilateral in nature, binding the parties to perform their parts step by step---High Court set aside order of Trial Court as the Court while passing order in question was not sure whether ordered amount was balance amount or not---Revision was allowed accordingly.

PREMIUM DEVELOPERS through Chief Executive vs MUHAMMAD TARIQ Ss — 2023 MLD 838 LAHORE-HIGH-COURT-LAHORE

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