Mst. Abida Rafique Ghouri vs Syed Amjad Hussain Gillani S — 2025 MLD 355 LAHORE-HIGH-COURT-LAHORE

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Mst. Abida Rafique Ghouri VS Syed Amjad Hussain Gillani S. 12---Suit for specific performance---Agreement to sell, execution of---Payment of balance amount---Readyness / willingness of buyer---Scope---Suit was concurrently decreed in favour of plaintiff /buyer---Plea of the petitioner(lady defendant/seller) was that the respondent did not have the financial ability to complete the transaction---Validity---Record depicted that the Trial Court granted restraining order in favour of the respondent but subject to deposit of remaining sale consideration---In consequence of said order, counsel for the respondent recorded his statement that the respondent was ready to pay the remaining sale consideration and deposited original cross cheque in the name of the petitioner with the stipulation that the petitioner could encash the same and the respondent would be liable for the consequences---However, the counsel for the petitioner refused to receive the same---Later, the Trial Court directed the respondent to deposit the balance sale consideration in the Court within one month; in compliance of which he ,after settling mode of payment through the Court, deposited/paid the same in the Court---Thus, it could not be conclusively conferred that the respondent did not have financial ability to complete the sale transaction---This was especially so since the respondent had promptly instituted the suit 1-1/2 months after the target date---Petitioner, in her written statement, while admitting the transaction, did not seek immediate payment of remaining sale consideration by demonstrating her willingness to execute sale deed but sought rescission of the agreement---Both the Courts below had rendered well-reasoned and sound judgments after due appreciation of evidence and taking into account all aspects of the case requiring no interference in exercise of revisional jurisdiction of the High Court---Civil revision filed by defendant /seller, being merit-less, was dismissed, in circumstances.

Mst. Abida Rafique Ghouri vs Syed Amjad Hussain Gillani S — 2025 MLD 355 LAHORE-HIGH-COURT-LAHORE

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