| Case ID |
750e881a-fd46-4394-8344-bfac1f37e3d8 |
| Body |
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| Case Number |
F.A.O. No. 202 of 2003 |
| Decision Date |
Oct 30, 2003 |
| Hearing Date |
Oct 30, 2003 |
| Decision |
The Lahore High Court modified the trial court's order requiring the appellant to deposit the balance consideration money of Rs. 1,90,00,000/- in the trial court before December 15, 2003. The court also directed the respondents to deposit the earnest money of Rs. 75,00,000/- within the same timeframe. The court emphasized that in suits for specific performance, it is standard practice for the plaintiff to be ready with the settled price and willing to perform their part of the agreement. The court ruled that the appellant had a prima facie case in their favor based on the execution of the agreement to sell dated September 12, 2002. The decision was made to ensure equitable balance between the parties involved, recognizing both the appellant's and respondents' claims. |
| Summary |
This case revolves around a suit for specific performance of an agreement to sell property, wherein the appellant sought an injunctive order to prevent the respondents from alienating the property pending the main suit. The Lahore High Court reviewed the trial court's order that required the appellant to deposit the remaining sale consideration as a condition for granting a temporary injunction. The court highlighted the importance of ensuring that the plaintiff is prepared to perform their obligations under the contract. The decision underscores the necessity for a balance in equity, ensuring that both parties are treated fairly. The court's ruling emphasizes the established legal principles under the Specific Relief Act and the Civil Procedure Code, particularly focusing on the conditions under which temporary injunctions are granted in such cases. The case is significant for its interpretation of the obligations of parties in real estate transactions and the procedural norms governing specific performance actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Zahid Hussain
|
| Lawyers |
M.S. Baqir,
Azmat Saeed
|
| Petitioners |
Hqji Ghulam Rasool
|
| Respondents |
Another,
Mian Javaid Ahmad Zia
|
| Citations |
2004 SLD 3337,
2004 PLJ 315
|
| Other Citations |
1992 CLC 8,
1980 SCMR 588,
1997 MLD 1821,
1997 CLC 997,
1994 CLC 12,
1996 MLD 60,
PLD 1996 Lahore 438,
PLD 1990 Lahore 82,
1989 MLD 21
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
12,
1,
2
|