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Miss Uzma Amjad Ali vs Mrs — 2024 MLD 1115 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 1115 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Miss Uzma Amjad Ali vs Mrs
Subject matter
Civil
Provisions referred to
S. 19; Specific Relief Act

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

Miss Uzma Amjad Ali VS Mrs. Saeeda Bano Ss. 12, 19, 42 & 54---Suit for specific performance of agreement to sell, award of compensation, declaration and injunction---Plaintiffs were real daughters of defendant / mother who claimed to be owners of suit property on the basis of gift in their favour to the extent of 2/3rd share---Defendant / mother executed agreement to sell in favour of defendant / purchaser and received a sum of Rupees Six million as earnest money---Validity---Defendant / mother accepted a substantial amount of Rupees Six million as part payment towards sale price and never returned the same till the amount was deposited in Court---For almost seven years defendant / mother beneficially utilized the money---Defendant / purchaser despite a lacuna in claim for damages was entitled for monetary relief---By invoking S.19 of Specific Relief Act, 1877, if circumstances so permit, monetary compensation can be given while refusing specific performance to plaintiff---High Court declared defendant / purchaser entitled to be compensated---High Court directed the Court official to release the amount along with profits to defendant / purchaser---High Court directed plaintiffs and defendant / mother to pay a sum of Rupees Four million to defendant / purchaser, as all three were jointly beneficiaries of suit property---Suit was decreed accordingly.

Other judgments reported in 2024 MLD

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