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2025 PLD 342 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 PLD 342 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
PLD
Subject matter
Civil
Provisions referred to
S. 53-; S. 12---

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: 2025 PLD 342 KARACHI-HIGH-COURT-SINDHBookmark this Case SIDDIQUI CONSTRUCTION COMPANY through Managing Director VS SHANKER LAL OCHANI S.53-a---Specific Relief act (I of 1877), S.12---agreement to sell---Pre-requisites for taking benefit of S.53-a of Transfer of Property act, 1882 stated---Benefit of the S. 53-a of the ibid act becomes due in favor of the vendee when he is put in possession of the suit property at the time of the sale agreement---Four conditions/pre-requisites for seeking benefit of the S. 53-a ibid are that: (i) The contract must be in writing, signed by or on behalf of the transferor; (ii) The transferee should be in possession of the immoveable property covered by the contract; (iii) The transferee had done some act in furtherance of the contract; (iv) The transferee had either performed his part of the contract or was willing to perform his part of the contract.

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