Mst. Razia Roshan vs Mst — 2025 YLR 2452 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 2452 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Mst. Razia Roshan vs Mst
Subject matter: Civil
Provisions referred to: S. 64---S; S. 39---C

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

Mst. Razia Roshan VS Mst. Farheena Ali S. 64---Specific Relief act (I of 1877), S. 39---Contract act (IX of 1872), S. 64---Suit for specific performance---Balance sale consideration---Willingness and readiness of buyer, absence of---Scope---Return of earnest money paid---Entitlement---Section 64 of the Contract act, 1872, stipulates that the party rescinding a voidable contract shall, if he has received any benefit there under from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received---In view of said provision, the appellant / vendee was entitled to receive back Rs. 1 million that she had paid as advance money, which was to be returned to her with a mark-up of 5% per annum by vendor / respondent---appeal was disposed of accordingly.

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