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HASAN AHMAD vs MUHAMMAD FAROOQ S — 2024 MLD 438 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 438 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
HASAN AHMAD vs MUHAMMAD FAROOQ 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

HASAN AHMAD VS MUHAMMAD FAROOQ S.12---Suit for specific performance of agreement to sell---Execution of agreement---Proof---Damages, relief of---Scope---Plaintiff claimed to have entered into agreement to sell with defendant regarding purchase of suit property---Defendant denied having executed any agreement to sell---Validity---Signatures of defendant on written statement, affidavit-in-evidence, which was an admitted document, viz. conveyance deed between both the defendants were similar to that on receipt of part payment signed by defendant in respect of subject sale transaction, witnessed by two persons---Suit filed by plaintiff was maintainable and sale transaction in respect of suit property was proved by plaintiff, therefore, specific performance could be granted---High Court granted specific performance to plaintiff, therefore, claim with regard to damages had become infructuous---Relief of specific performance of a contract was a discretionary one and Court could mold the relief, where the facts and circumstances had so permitted---Suit was decreed accordingly.

Other judgments reported in 2024 MLD

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