Humayon Sajjad vs Aslam Khan S — 2024 YLR 2826 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 2826 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Humayon Sajjad vs Aslam Khan S
Subject matter: Civil
Provisions referred to: S. 12---S

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

Humayon Sajjad VS Aslam Khan S.12---Suit for specific performance of agreement to sell-Balance sale consideration, non-deposit of---Effect---Suit filed by appellant/plaintiff for possession through specific performance of agreement to sell was dismissed by Trial Court for non-deposit of balance sale consideration---Validity---Purpose of directing vendee to deposit remaining sale consideration is on one hand to enable him to demonstrate his readiness, ableness and willingness to perform his contractual obligation and on the other hand also to safeguard rights of vendor---In ordinary circumstances, order by the Court to deposit remaining sale consideration cannot be termed as harsh, oppressive or unlawful---Conduct of appellant/plaintiff was not only contemptuous but also dilatory, who despite availing various opportunities including last and final opportunity failed to deposit balance sale consideration---High Court declined to interfere in the order passed by Trial---Appeal was dismissed, in circumstances.

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