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BHART LAL vs MUHAMMAD YOUSUF POLANI Ss — 2024 YLR 1276 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 1276 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
BHART LAL vs MUHAMMAD YOUSUF POLANI Ss
Subject matter
Civil
Provisions referred to
S. 19; Civil Procedure Code (V of 1908); 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

BHART LAL VS MUHAMMAD YOUSUF POLANI Ss. 12 & 19---Civil Procedure Code (V of 1908), O.XLI, Rr. 25 & 33---Specific performance of agreement to sell---Compensation, awarding of---Framing of additional issue---Recording of additional evidence---Procedure---Appellant/plaintiff entered into agreement of purchase of suit property from respondent/defendant---At the time of execution of agreement to sell, the respondent/defendant handed over possession of suit property to appellant/ plaintiff---Trial Court and Lower Appellate Court without determining title of suit property dismissed suit and appeal filed by appellant/plaintiff on the ground that respondent/defendant did not have any title in suit property---Validity---In the event a finding would be given that title of respondent/defendant to suit property was deficient, the appellant/ plaintiff was to be indemnified to the extent of losses that had occurred to him on account of respondent's/defendant's improper title to suit property---To decide such fact and enforcement of such term available in the agreement between the parties, issue was to be determined in terms of S. 19 of Specific Relief Act, 1877---High Court in exercise of jurisdiction under O. XLI, R. 25, C.P.C. framed additional issues and remanded the matter to Trial Court for recording additional evidence on the issues so framed---High Court directed Trial Court to return the evidence together with its findings thereon and reasons thereof to High Court for decision on appeal---Second Appeal was remanded accordingly.

Other judgments reported in 2024 YLR

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