ABDUL MALIK vs PROVINCE OF SINDH through Secretary (Revenue) S — 2023 YLR 414 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 414 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: ABDUL MALIK vs PROVINCE OF SINDH through Secretary (Revenue) S
Subject matter: Civil
Provisions referred to: S. 12---S

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

ABDUL MALIK VS PROVINCE OF SINDH through Secretary (Revenue) S.12---Suit for specific performance---Substantial consideration, paid---Second appeal--- Scope--- Appellant filed suit for specific performance against respondents---Respondents also filed suit for possession and recovery of rent and mesne profit---Trial Court dismissed suit of appellant and partly decreed the suit of respondents---Both parties filed appeal before Appellant Court---Respondent's appeal was allowed and appellant's appeal was dismissed by Appellant Court---Held, that there was no impartial evidence of any witness of the appellant, sale consideration was not proved and substantial portion of sale consideration was claimed to have been paid in cash, whereas, only meager amount was shown to have been deposited in the accounts of respondents, which in fact was deposited towards part of rent outstanding---In the case in hand, the evidence was unsatisfactory as found by the two Courts below and not convincing---Appeal filed by appellant was allowed setting aside the judgment of appellate court to the extent of mesne profit and possession of rented premises, and appeal filed by respondents was dismissed.

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