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Ghulam Hussain vs Manzoor Hussain S — 2024 MLD 667 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 MLD 667 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
MLD
Parties
Ghulam Hussain vs Manzoor Hussain S
Subject matter
Civil
Provisions referred to
S. 54---S; S. 12---

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

Ghulam Hussain VS Manzoor Hussain S.54---Specific Relief act (I of 1877), S. 12---agreement to sell immoveable property---Balance sale consideration---Petitioner/vendee was directed to deposit the remaining sale consideration amount of Rs. 1,27,50,000/- in the Court---Said order was assailed but appeal was dismissed---Validity---Record showed that the petitioner was directed to deposit the remaining unpaid consideration amount of Rs. 1,27,50,000/- in the Court---However, it was not mentioned that in case of non-deposit of the said amount either the stay order shall be recalled or the suit shall be dismissed---Order of deposit was independent of the portion of order relating to interim relief and at present stage did not apparently have any adverse effect on the main case as well for the reason that through the same order issues relating to merit of case were framed---Parties were directed to lead evidence on said issues, where-after the matter was to be decided after recording of evidence---Prima facie, no prejudice had been caused to petitioner by said order and the same could not be treated as adversely affecting the rights of the petitioner, hence, the order by trial court for deposit and judgment passed by the appellate Court whereby said order was upheld, both were based on proper appreciation of facts of the case available on the record as to the amount of remaining payment and were well within discretionary jurisdiction of said courts---Petition, being devoid of merits, was dismissed.

Other judgments reported in 2024 MLD

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