Citation Name: 2024 YLR 2749 PESHAWAR-HIGH-COURTBookmark this Case Syed Mazhar Ali Shah vs Qavi Ullah Ss — 2024 YLR 2749 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 2749 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 2749 PESHAWAR-HIGH-COURTBookmark this Case Syed Mazhar Ali Shah vs Qavi Ullah Ss
Subject matter: Civil
Provisions referred to: S. 22; S. 19; 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 YLR 2749 PESHAWAR-HIGH-COURTBookmark this Case Syed Mazhar Ali Shah VS Qavi Ullah Ss. 12, 19 & 22---Suit for specific performance of agreement to sell---Discretionary relief---Price of property undetermined---Recovery of loan amount---Respondent / plaintiff sought specific performance of agreement to sell on the plea that petitioner / defendant failed to repay his loan---Both the Courts below concurrently passed judgments and decrees in favour of respondent / plaintiff---Validity---There was no evidence on record relating to market price of suit property---Such fact escaped attention of both the Courts below that they were dealing with specific performance of agreement which, prima facie, was vague in terms of market price of the property---Jurisdiction of Court to grant relief of specific performance as provided under S.22 of Specific Relief Act, 1877 is discretionary in nature and Court is not bound to grant such relief merely because it is lawful to do so---Court in appropriate circumstances can grant compensation as provided under S.19 of Specific Relief Act, 1877---High Court in exercise of revisional jurisdiction directed petitioner / defendant to repay to respondent / plaintiff the amount of actual loan obtained by him---High Court further directed petitioner / defendant to pay additional compensation of Rupees one million over and above the actual amount keeping in view inflation---High Court modified judgments and decrees passed by two Courts below---Revision was allowed accordingly.

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