| Case ID |
ffe6b470-a490-4895-9845-d042ea3ceece |
| Body |
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| Case Number |
Civil Revision No. 74574 of 2019 |
| Decision Date |
Mar 11, 2022 |
| Hearing Date |
Feb 01, 2022 |
| Decision |
The High Court set aside the order of the Trial Court as the latter was not sure whether the ordered amount was the balance amount or not. The revision petition was allowed, highlighting that without calculating the already sold units and received amounts, the actual sale price could not be determined. The agreement in question was bilateral, binding the parties to perform their parts step by step. |
| Summary |
The case involves a civil revision petition filed by Messrs PREMIUM DEVELOPERS against MUHAMMAD TARIQ concerning a suit for specific performance of an agreement to sell and injunction. The Lahore High Court, presided by Shahid Bilal Hassan, J, heard the case. The primary issue was the determination of the balance consideration amount in a bilateral agreement between the petitioner and the respondent. The petitioner claimed compliance with the agreement terms, but the respondent failed to fulfill his part by not providing sales records and measurements of the remaining assets. The High Court set aside the Trial Court's order, emphasizing the bilateral nature of the agreement and the need for both parties to perform their obligations step by step. The decision referenced previous cases like 2017 SCMR 2022 and 2020 CLC 291. This case highlights the importance of clear terms in agreements and the responsibilities of parties in bilateral contracts. Keywords: specific performance, bilateral agreement, Lahore High Court, civil revision, sales records. |
| Court |
Lahore High Court
|
| Entities Involved |
MUHAMMAD TARIQ,
Messrs PREMIUM DEVELOPERS
|
| Judges |
Shahid Bilal Hassan, J
|
| Lawyers |
Shazib Masud,
Mirza Nasar Ahmad,
Mian Muhammad Hussain Chotiya,
Adnan Naseer Chohan
|
| Petitioners |
Messrs PREMIUM DEVELOPERS through Chief Executive
|
| Respondents |
MUHAMMAD TARIQ
|
| Citations |
2023 MLD 838,
2023 SLD 1722
|
| Other Citations |
2017 SCMR 2022,
2020 CLC 291,
2021 SCMR 1270
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
12,
54,
115
|