Citation Name: 2024 YLR 2597 PESHAWAR-HIGH-COURTBookmark this Case Ubaid Ullah vs Sarfaraz Khan Ss — 2024 YLR 2597 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 2597 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 2597 PESHAWAR-HIGH-COURTBookmark this Case Ubaid Ullah vs Sarfaraz Khan Ss
Subject matter: Civil
Provisions referred to: Contract 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 YLR 2597 PESHAWAR-HIGH-COURTBookmark this Case Ubaid Ullah VS Sarfaraz Khan Ss. 42 & 12---Suit for declaration and possession through specific performance of agreement---Balance sale-consideration not paid---Defendants filed revision as the suit was concurrently decreed in favour of the plaintiff---Validity---Admittedly, after filing the suit or before filing the suit, plaintiff / respondent had never tendered the amount-in-question to the petitioners nor after filing the suit any application was filed for permission to deposit the outstanding money pertaining to the sale consideration in the Court---Suit-in- hand was of a nature to be dealt with in accordance with the provisions of the Contract Act, 1872---In the sale deed, it was agreed that Rs.30 Lac will be paid to the seller before cut-off date agreed upon, however, the plaintiff / respondent had made no effort to tender the remaining outstanding amount in terms of the sale-deed to the petitioners or submitted an application before the Trial Court for its deposit---It was also alleged that plaintiff / respondent was a resourceful person and had taken over the possession of the suit-house by force---In the present case, no effort was made by plaintiff / respondent to deposit the outstanding sale consideration in the Court or to have demonstrated before the Trial Court that the amount-in-question could be paid at any time, as such, he had failed to perform his legal obligation---Plaintiff / respondent must fail on such score alone---High Court set-aside the impugned judgments and decrees of the Courts below, consequently the suit filed by the plaintiff stood dismissed---Revision, filed by defendants, was allowed accordingly.

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