Malik Faisal Mahmood vs Shahid Ali S — 2025 YLR 1144 LAHORE-HIGH-COURT-LAHORE

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Malik Faisal Mahmood VS Shahid Ali S. 12--- Civil Procedure Code (V of 1908), O.XVII, R.3--- Suit for specific performance of agreement to sell--- Failure to deposit balance sale consideration--- Dismissal of suit--- Surety bond, submission of--- Appellants / plaintiffs were aggrieved of dismissal of their suit by Trial Court for non-deposit of balance sale consideration when they had been directed by Trial Court to deposit the same in Court--- Plea raised by appellants / plaintiffs was that they had offered to submit surety bond instead of balance sale consideration--- Validity--- Onus at very initial stage from institution of suit, is on vendee to satisfy test of equity; firstly, that vendor actually refused to accept sale consideration; secondly, the vendee who is seeking performance of agreement to sell has the ability and was ready and willing at all material times to perform his/her part of agreement--- It is essential and imperative that vendee is bound to deposit balance sale consideration in Court---Vendee cannot even seek enforcement of reciprocal obligation of vendor unless he is able to demonstrate not only his/her willingness but also his/her capability to fulfill his/her obligation under the contract--- Application of appellants / plaintiffs to substitute direction for deposit of balance sale consideration with surety bond proved to be lethal--- Direction to appellants / plaintiffs to deposit balance sale consideration was in consonance with law laid down by Superior Courts---High Court declined to interfere in judgment and decree passed by Trial Court against appellants / plaintiffs as the same did not suffer from any jurisdictional defect or procedural impropriety nor was it tainted with any illegality--- Appeal was dismissed, in circumstances.

Malik Faisal Mahmood vs Shahid Ali S — 2025 YLR 1144 LAHORE-HIGH-COURT-LAHORE

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