| Case ID |
fffab0da-2749-4609-915d-ad2137d9a6e6 |
| Body |
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| Case Number |
C.R. No. 323 of 2022 |
| Decision Date |
Mar 03, 2024 |
| Hearing Date |
Feb 28, 2024 |
| Decision |
The civil revision is directed against the judgment and decree dated 03.03.2022 whereby the appeal of the respondent was accepted, the order and decree dated 20.10.2021 passed by the Trial Court was set aside, and the suit of the respondent instituted for specific performance of the contract was decreed. However, the conduct of the respondent was found contumacious, as he failed to deposit the balance consideration despite repeated directions. The impugned judgment and decree dated 03.03.2022 passed by the Appellate Court is set aside, and the order of the Trial Court dated 20.10.2021 dismissing the suit of the respondent is upheld. The earnest money received by the petitioner is to be returned to the respondent within two months. |
| Summary |
This case involves a dispute over a sale agreement and specific performance under the Specific Relief Act, 1877. The petitioner, Sheikh Khalid Javaid, entered into an agreement with the respondent, Shamas-ud-Din Chishti, for the sale of property. The respondent failed to deposit the balance consideration despite multiple directions from the Trial Court. The Trial Court dismissed the suit, but the Appellate Court reversed this decision, granting specific performance to the respondent. However, the Lahore High Court, Multan Bench, upon revision, found the respondent's conduct contumacious and set aside the Appellate Court's judgment, reinstating the Trial Court's dismissal. The case highlights the discretionary nature of specific performance as an equitable relief under Section 22 of the Specific Relief Act, emphasizing the importance of readiness and willingness to perform contractual obligations. The case also references past judgments, including 1994 SCMR 2189 and 2017 SCMR 1696, reinforcing the principles of equity in contractual disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
National Accountability Bureau (NAB),
Multan Development Authority
|
| Judges |
Anwaar Hussain, J.
|
| Lawyers |
Malik Muhammad Akbar Bhutta, Advocate,
Mr. Muhammad Mehrban Ranjha, Advocate,
Dr. Ashraf Ali Qureshi, Advocate
|
| Petitioners |
Sheikh KHALID JAVAID
|
| Respondents |
SHAMAS-UD-DIN CHISHTI
|
| Citations |
2024 SLD 4547,
2024 PLJ 351
|
| Other Citations |
1994 SCMR 2189,
2017 SCMR 1696,
PLD 2020 SC 401,
2021 SCMR 1270,
2021 PLC (CS) 1435,
2020 SCMR 171
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
12,
22
|