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Citation Name: 2024 PLD 165 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case IMAM BAKHSH vs MUHAMMAD SIDDIQUE Ss — 2024 PLD 165 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 PLD 165 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
PLD
Parties
Citation Name: 2024 PLD 165 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case IMAM BAKHSH vs MUHAMMAD SIDDIQUE Ss
Subject matter
Civil
Provisions referred to
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 PLD 165 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case IMAM BAKHSH VS MUHAMMAD SIDDIQUE Ss. 12, 22 & 42---Suit for declaration and specific performance of agreement to sell---Limitation---Time barred suit---Effect---Illiterate old woman---Equitable relief---Suit was concurrently decreed by Trial Court and Lower Appellate Court in favour of respondent/plaintiff---Plea raised by petitioner/defendant was that suit was barred by limitation---Validity---Respondent/plaintiff instituted suit with delay of 4 ½ years and such delay defeated equity---Respondent/plaintiff failed to prove that he paid price of suit land---Plaintiff was out of possession and respondent/defendant was an illiterate woman of extremly old age---Equity leaned in favour of petitioner/defendant and not in favour of respondent/plaintiff, who had come with tainted hands---Relief of specific performance is equitable under Ss. 12 & 22 of Specific Relief Act, 1877---High Court set aside concurrent findings of facts by two Courts below as the same were perverse---Revision was dismissed, in circumstances.

Other judgments reported in 2024 PLD

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