Zafar Ahmed Shaikh vs Province of sindh through Secretary Revenue S — 2025 MLD 14 KARACHI-HIGH-COURT-SINDH

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Zafar Ahmed Shaikh VS Province of sindh through Secretary Revenue S.12---Constitution of Pakistan, Art. 199---Suit for Specific performance of agreement to sell---Balance sale consideration, deposit of---Object, purpose and scope---Constitutional jurisdiction of High Court---Scope---Petitioner/plaintiff sought specific performance of agreement to sell regarding suit property but did not deposit balance sale consideration in Court---Trial Court and Lower Appellate Court directed petitioner/plaintiff to deposit balance sale consideration in Court---Validity---Absence of element of readiness and willingness on behalf of petitioner/plaintiff, could be interpreted as an attempt to evade his responsibilities under the contract---This was a crucial point in legal analysis, as it underscored importance of actions of petitioner/plaintiff in demonstrating his commitment to fulfilling his contractual obligations---Court's directive to deposit balance sale consideration was not merely a procedural requirement but a substantive test of bona fide of petitioner/plaintiff and readiness to perform his part of contract---Plea of petitioner/plaintiff was unanimously rejected by two lower Courts---Within the purview of Constitutional jurisdiction, burden of proof rested on petitioner/ plaintiff to demonstrate that orders of lower Courts were marred by jurisdictional errors or that Courts exercised their jurisdiction in a manner that was either unlawful or arbitrary---Petitioner/plaintiff was also required to show that significant irregularities were committed by lower Courts, which would warrant High Court's intervention under Art.199 of the Constitution---High Court declined to interfere in orders passed by two Courts below as there were no jurisdictional defects or procedural improprieties and invocation of High Court's Constitutional jurisdiction was inappropriate---Constitutional petition was dismissed, in circumstances.

Zafar Ahmed Shaikh vs Province of sindh through Secretary Revenue S — 2025 MLD 14 KARACHI-HIGH-COURT-SINDH

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