ZEESHAN PERVEZ (Late) vs MUHAMMAD NASIR Ss — 2025 SCMR 495 SUPREME-COURT

Case information

Citation: 2025 SCMR 495 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: ZEESHAN PERVEZ (Late) vs MUHAMMAD NASIR Ss
Subject matter: Civil

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

ZEESHAN PERVEZ (Late) VS MUHAMMAD NASIR Ss. 12, 39, 42 & 54---Suit for specific performance of agreement to sell, cancellation of document, declaration and injunction---Willingness to perform agreement---Proof---Petitioner/vendor was aggrieved of judgments and decrees passed by High Court decreeing suit for specific performance of agreement to sell filed by respondent/vendee and dismissing his suit for cancellation of contract---Validity---When petitioner/vendor fell short of funds to pay liability, he owed to bank, he approached respondent / vendee for payment, which was done so by respondent/vendee to the bank of petitioner/vendor to enable him to obtain no objection certificate---Such conduct of respondent/vendee showed that he was ready at all relevant times to conclude the agreement and acquire the property but was hindered by the conduct of petitioner/vendor, who had repeatedly tried to establish breaches on the part of respondent/vendee and then tried to use Courts to get a rubber stamp of approval on self-serving interpretations of agreement---There was no breach on the part of respondent/vendee rather it was on the part of petitioner/vendor, therefore, recourse to a suit for specific performance was the appropriate remedy for respondent/vendee---Supreme Court declined to interfere in judgments and decrees passed by High Court---Petition for leave to appeal was dismissed and leave to appeal was refused.

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