| Case ID |
322bb4d9-68b7-4a21-b807-c5cc27aab43c |
| Body |
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| Case Number |
Suit No. 457 of 2004 |
| Decision Date |
May 06, 2010 |
| Hearing Date |
May 06, 2010 |
| Decision |
The Sindh High Court decreed the suit filed by the plaintiff for specific performance of a sale agreement regarding a property. The court found that the plaintiff had demonstrated readiness and willingness to fulfill his obligations under the agreement, while the defendant had refused to complete the sale. The defendant's attempt to rescind the contract was deemed invalid as it was not executed in accordance with legal principles. The court directed the defendant to transfer the property to the plaintiff and specified that should the defendant fail to do so, the Nazir of the court would execute the sale deed on behalf of the defendant. The alternate prayer for damages was denied. |
| Summary |
In the case of Suit No. 457 of 2004, the Sindh High Court addressed a dispute over a property sale agreement. The plaintiff alleged that he had entered into a valid agreement to purchase a house but faced refusal from the seller to complete the transaction. The court emphasized the importance of demonstrating readiness and willingness in specific performance cases, particularly when the seller refuses to honor the agreement. The ruling clarified that when a seller categorically refuses to complete a transaction, the buyer is not required to prove the availability of funds. This decision reinforces the legal principles surrounding the Specific Relief Act and the Contract Act, making it a significant reference point for similar cases. This case highlights the judicial approach to ensuring fair dealings in property transactions and the enforcement of contractual obligations. Keywords: specific performance, property sale agreement, Sindh High Court, legal principles, Contract Act, Specific Relief Act. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
FAISAL ARAB, JUSTICE,
MUHAMMAD RAFIQUE
|
| Lawyers |
Mr. Neel Keshav, Advocate for Plaintiff,
Mr. Fazl-e-Ghani, Advocate for Defendant No. 1
|
| Petitioners |
|
| Respondents |
ANOTHER,
DR. QADIR ALI KHAN
|
| Citations |
2010 SLD 1040,
2010 PLJ 119
|
| Other Citations |
PLD 1962 SC 1,
PLD 1959 Kar. 629,
2007 YLR 1027,
1999 MLD 3345,
2004 MLD 1033,
AIR 1930 Pat. 121,
PLD 1986 SC 497,
2005 YLR 1905,
AIR 1927 Pat. 121
|
| Laws Involved |
Specific Relief Act, 1877,
Contract Act, 1872
|
| Sections |
12,
55
|