| Case ID |
9f65b428-94f7-4661-a17a-713ca45e08bf |
| Body |
View case body. Login to View |
| Case Number |
C.R. No. 9463 of 2022 |
| Decision Date |
Aug 10, 2023 |
| Hearing Date |
Aug 10, 2023 |
| Decision |
The Lahore High Court dismissed the civil revision filed by NASIR ABBAS BHATTI against the orders of the Civil Judge and the Additional District Judge. The petitioner sought specific performance of an agreement to sell a property but failed to deposit the remaining sale consideration as directed by the trial court. The court found no illegality or irregularity in the lower court's decisions, emphasizing the necessity for the petitioner to demonstrate readiness and willingness to perform his obligations under the contract. The appeal was dismissed due to the petitioner's non-compliance with court orders. |
| Summary |
In the case of NASIR ABBAS BHATTI versus ABID HUSSAIN, the Lahore High Court dealt with a dispute over a property sale under the Specific Relief Act, 1877. The petitioner sought specific performance of a sale agreement, claiming he had paid earnest money but failed to deposit the remaining consideration as ordered by the trial court. The court highlighted the importance of demonstrating readiness and willingness to fulfill contractual obligations. The case underscores the discretionary nature of specific performance relief, emphasizing that the burden lies with the vendee to prove their commitment. The ruling serves as a significant reference for similar property disputes, particularly regarding the requirements for specific performance and the consequences of failing to comply with court orders. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Raheel Kamran, J.
|
| Lawyers |
Ch. Fiaz Ahmad Singhairah,
Mr. Shahbaz Ahmad Khan Yousafzai
|
| Petitioners |
NASIR ABBAS BHATTI
|
| Respondents |
ABID HUSSAIN
|
| Citations |
2023 SLD 7011,
2023 PLJ 820
|
| Other Citations |
1999 SCMR 1362,
2017 SCMR 1996,
2021 SCMR 686,
2005 SCMR 1133,
2021 SCMR 1270
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
12
|