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Dr. NAFEES ZUBAIR vs SAEEDA BANO Ss — 2024 CLC 1146 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1146 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
Dr. NAFEES ZUBAIR vs SAEEDA BANO Ss
Subject matter
Civil

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

Dr. NAFEES ZUBAIR VS SAEEDA BANO Ss.12 & 39---Suit for specific performance of sale agreement and cancellation of agreement---Balance consideration---Non-payment---Earnest money---Respondents / plaintiffs filed suit for cancellation of agreement to sell and the same was decreed in their favour for non-payment of balance consideration amount by appellant / defendant---Validity---Specific performance of an agreement of immoveable property is an equitable relief based on equity---Appellant / defendant, who had to show that he performed equity to claim equity from the Court, failed to discharge such burden as he had not paid or deposited balance sale consideration at the time when the suit was filed---It was not equity if appellant / defendant was allowed specific performance realizing that no efforts were made to deposit balance amount at the time when injunction was sought and/or when suit was filed, since doctrine of lis pendens was also an obstacle for seller---Division Bench of High Court declined to interfere in judgment and decree passed in favour of respondents / plaintiffs---Amount that was extended/paid at the time of execution of agreement which was not disputed, was rightly ordered to be returned along with profit accrued thereon along with damages and compensation extended to appellant / defendant, which discretion was lawfully exercised by Judge in Chambers of High Court as the amount was retained for a number of years---Intra Court Appeals were dismissed in circumstances.

Other judgments reported in 2024 CLC

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