BALACH vs IMTIAZ-UL-HAQ Ss — 2023 YLR 12 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 12 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: BALACH vs IMTIAZ-UL-HAQ Ss
Subject matter: Civil
Provisions referred to: S. 2; 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

BALACH VS IMTIAZ-UL-HAQ Ss. 12, 9, 39 & 54---Civil Procedure Code (V of 1908), S. 2(12)---Suit for specific performance--- Suit for cancellation, possession, mesne profits, damages and permanent injunction---Scope---Plaintiff filed a suit for specific performance alleging therein that after payment of partial amount he took over possession of the suit land, however, cause of action accrued to him when the defendant attempted to forcibly take over the possession of the suit land---Defendant filed a suit for cancellation, possession, mesne profits, damages and permanent injunction, admitted execution of agreement, however, claimed that the plaintiff occupied his entire land---Trial Court decreed the suit for specific performance and dismissed the suit filed by defendant---Appellate Court partly allowed the suit filed by defendant while holding the excessive possession of plaintiff to be illegal, directed the defendant to execute registered sale deed in favour of plaintiff and held the plaintiff liable to pay mesne profits---Held; decision of the Appellate Court was based upon sound reasoning and the survey numbers were fraudulently included by the plaintiff which were not under sale---Appeals were dismissed.

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