AKHTAR NASIR AHMED vs PROVINCE OF PUNJAB through District Collector Gujrat S — 2024 PLD 1268 SUPREME-COURT

Case information

Citation: 2024 PLD 1268 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: PLD
Parties: AKHTAR NASIR AHMED vs PROVINCE OF PUNJAB through District Collector Gujrat S
Subject matter: Civil
Provisions referred to: S. 12---T; S. 54---S; Property Act (IV of 1882)

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

AKHTAR NASIR AHMED VS PROVINCE OF PUNJAB through District Collector Gujrat S. 12---Transfer of Property Act (IV of 1882), S. 54---Suit for specific performance of agreement to sell immoveable property---Cut-off date stipulated for payment of balance sale consideration---Extention of such date by Court---Scope---Balance sale consideration to be deposited in Court---Scope---Courts are not legally empowered to extend the time for depositing the balance sale consideration contrary to the terms of the agreement---And, if they do so they effectively rewrite the agreement between the parties---Only obligation of a buyer of a property is to make timely payment---However, if the seller does not receive payment the buyer must demonstrate that he was ready, able and willing to pay the same to the seller, failing which he must show that he had offered the payment and upon the seller's refusal to accept it had either prepared a pay order/demand of the said amount or had deposited the same in Court---One exception could be when the balance sale consideration constitutes a small portion of the total sale consideration.

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