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MUHAMMAD IMRAN vs ISHFAQ AHMED — 2026 SCMR 1063 SUPREME-COURT

Case information

Citation
2026 SCMR 1063 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
SCMR
Parties
MUHAMMAD IMRAN vs ISHFAQ AHMED
Subject matter
Civil
Provisions referred to
S. 55---S; Contract Act (IX of 1872)

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

MUHAMMAD IMRAN VS ISHFAQ AHMED. Ss. 12 & 39---Contract Act (IX of 1872), S.55---Specific performance of agreement to sell---Non-payment/tender of balance sale consideration---Time as essence of contract---Continuous readiness and willingness not proved---Cancellation of agreement to sell---Earnest money directed to be returned---Suit filed by petitioner/vendor for cancellation of agreement to sell was dismissed by Courts below while respondents/vendees' suit for specific performance was decreed, challenge to---Validity---Agreement sought to be specifically performed stipulated that balance sale consideration was to be paid on or before the specified target date---Such obligation was neither contingent nor deferred; it was a clear contractual undertaking forming the core reciprocal promise of the vendees---No tender of balance consideration was made within the stipulated period---There was no evidence of any contemporaneous attempt to secure the amount by way of pay order, bank guarantee, or any other demonstrable segregation of funds in favour of vendors---Supreme Court directed the petitioner/vendor to return earnest money paid under the agreements by respondents/vendees and suit for specific performance was dismissed---Appeal was allowed.

Other judgments reported in 2026 SCMR

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