| Case ID |
204de542-975c-4dee-a9f2-b8473ee46d53 |
| Body |
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| Case Number |
Civil Revision No. 1472 of 2018 |
| Decision Date |
Nov 15, 2018 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the civil revision petition filed by the petitioner, Shahid Bilal Hassan, regarding specific performance of a contract. The court found that the petitioner had failed to deposit the remaining sale consideration amount of Rs. 33,00,000 within the stipulated time frame set by the trial court. The court emphasized that the petitioner did not demonstrate his bona fide intention to fulfill his obligations under the contract, which is a prerequisite for seeking specific performance. The court noted that the non-deposit of the balance amount raised adverse presumptions against the petitioner, suggesting a lack of seriousness in pursuing his claim. The decision reinforced the necessity of complying with court orders and the importance of demonstrating a commitment to the contractual agreement in cases of specific performance. |
| Summary |
In the case of Civil Revision No. 1472 of 2018 before the Lahore High Court, the petitioner sought specific performance of a contract for sale that was not fulfilled due to non-payment of the balance sale consideration. The court ruled that the petitioner must deposit the remaining amount to prove his bona fide intent. The ruling hinged on principles from the Specific Relief Act, 1877, which requires parties to demonstrate commitment to their agreements. The court found that the plaintiff's failure to comply with the trial court's directive to deposit the amount indicated a lack of seriousness in pursuing the case. This case underscores the necessity for parties seeking equitable relief to adhere to court orders and fulfill their contractual obligations. The decision aligns with prior case law emphasizing the need for plaintiffs to take actionable steps to support their claims for specific performance. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID BILAL HASSAN,
MUHAMMAD ZAFAR IQBAL
|
| Lawyers |
Chaudhry Abdul Razzaq
|
| Petitioners |
SHAHID BILAL HASSAN
|
| Respondents |
4 OTHERS,
HAMEEDA NAZ ALIAS HAMEEDA KHANUM
|
| Citations |
2019 SLD 2951 = 2019 CLC 1866
|
| Other Citations |
2003 SCMR 238,
2011 CLC 1891,
2017 SCMR 516,
2015 SCMR 828,
1999 SCMR 1362
|
| Laws Involved |
Specific Relief Act, 1877,
General Clauses Act, 1897
|
| Sections |
12,
24A
|