Mst. QAMAR BIBI vs SHAHAB-UD-DIN S — 2025 CLC 352 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 352 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: Mst. QAMAR BIBI vs SHAHAB-UD-DIN 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

Mst. QAMAR BIBI VS SHAHAB-UD-DIN S.12---Suit for specific performance of agreement to sell---Balance sale consideration, non-deposit of---Effect---Petitioner/defendant assailed judgment and decree passed by Lower Appellate Court in favour of respondent/plaintiff, decreeing his case despite non-deposit of balance sale consideration in Court---Validity---Where vendor refuses to accept sale consideration amount, vendee seeking specific performance of agreement to sell is essentially required to deposit the amount in Court, which demonstrates his/her capability, readiness and willingness to perform the obligation---Such elements were missing in the present case and failure on the part of respondent/plaintiff to meet the essential requirement had disentitled him from relief of specific performance---High Court in exercise of revisional jurisdiction set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court---Revision petition was allowed in circumstances.

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