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Citation Name: 2024 MLD 1127 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Syed Muhammad Qasim vs Syed Bashir Ahmed Ss — 2024 MLD 1127 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 MLD 1127 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
MLD
Parties
Citation Name: 2024 MLD 1127 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Syed Muhammad Qasim vs Syed Bashir Ahmed Ss
Subject matter
Civil
Provisions referred to
S. 22; Contract Act (IX of 1872); 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

Citation Name: 2024 MLD 1127 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Syed Muhammad Qasim VS Syed Bashir Ahmed Ss. 12 & 22---Contract Act (IX of 1872), Ss. 51 & 54---Suit for specific performance of contract of sale---Reciprocal promise---Non-deposit of balance consideration amount---Effect---Suit was filed by respondent / plaintiff seeking specific performance of agreement to sell---Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of respondent / plaintiff---Validity---Failure to deposit balance amount in Court disentitled respondent / plaintiff to relief of specific performance which according to S.22 of Specific Relief Act, 1877, was a discretionary relief---Contract of sale was a contract considered of reciprocal promises to be simultaneously performed and petitioner / defendant was not to perform his promise unless respondent / plaintiff was ready and willing to perform his reciprocal promise i.e. payment of balance amount---Respondent / plaintiff failed to prove that he paid or tendered balance amount to petitioner / defendant, therefore, he failed to perform his reciprocal promise---Respondent / plaintiff failed to prove payment of advance amount and offer payment of balance amount to petitioner / defendant on stipulated date---Respondent / plaintiff even failed to demonstrate his willingness to pay balance amount in Court or for such purpose in Lower Appellate Court---High Court set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court---Revision was allowed accordingly.

Other judgments reported in 2024 MLD

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