MASOOD AHMAD BHATTI vs KHAN BADSHAH S — 2024 SCMR 168 SUPREME-COURT

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MASOOD AHMAD BHATTI VS KHAN BADSHAH S. 54---Specific Relief act (I of 1877), S. 12---agreement to sell immoveable property---Balance sale consideration---Vendor refusing to receive pay orders of balance sale consideration on the basis that the same were not issued through the personal account of the vendee---Validity---agreement to sell between the parties did not contain any condition requiring the remaining sale consideration to be paid from personal bank account of vendee (plaintiff)---Vendor and his attorney (defendants) never raised any objection when they received pay orders for earnest money and additional earnest money issued through bank accounts which were not in the name of the vendee---In order to avoid the specific performance of the agreements, the defendants had taken an afterthought plea that had not been impliedly or expressly mentioned in the initial agreement to sell and/or extended agreement---Vendee had already paid/deposited the balance sale consideration in the trial Court---another aspect of the matter was that the defendants had failed to obtain NOC for the transfer of the subject property by the cut off date mentioned in the initial and the extended agreements and had utilized the earnest money paid to them by the vendee and got interest on that amount from the bank, hence caused huge loss to the vendee and correspondingly got profit/mark up on the advance money from the bank---Defendants failed to produce in evidence any document, which could establish that vendee purchased the subject property for investment or re-sale purposes, or that any fraud or misrepresentation was played by the vendee---Suit for specific performance of agreement to sell and the extended agreement was rightly decreed by the trial Court---Petition was dismissed and leave to appeal was declined.

MASOOD AHMAD BHATTI vs KHAN BADSHAH S — 2024 SCMR 168 SUPREME-COURT

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