Specific performance Agreement revocation.
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| Specific performance Agreement revocation |
اہم عدالتی فیصلہ: فروخت کے معاہدے اور زبان سے دی گئی ھبہ
زبان سے دی گئی ھبہ کی قانونی حیثیت
فروخت کے معاہدے کی مخصوص کارکردگی اور انصاف پر مبنی امداد
ہائی کورٹ اور انٹرا کورٹ اپیلز کا مؤقف
فیصلے کی اہمیت اور سبق
Must read Judgement.
2024 C L C 1146
[Sindh]
Before Muhammad Shafi Siddiqui and Jawad Akbar Sarwana, JJ
Dr. NAFEES ZUBAIR and others----Appellants
Versus
SAEEDA BANO and others----Respondents
High Court Appeals Nos.34, 35 and 44 of 2023, decided on 29th November, 2023.
(a) Transfer of Property Act (IV of 1882)---
----S.123---Oral gift---Validity---Transfer can only be effected in pursuance of a gift of any immovable property by registering an instrument duly signed by or on behalf of donor and attested by at least two witnesses.
Allah Diwaya v. Ghulam Sher and others PLD 2008 SC 73 rel.
(b) Specific Relief Act (I of 1877)---
----Ss.12 & 39---Suit for specific performance of sale agreement and cancellation of agreement---Balance consideration---Non-payment---Earnest money---Respondents / plaintiffs filed suit for cancellation of agreement to sell and the same was decreed in their favour for non-payment of balance consideration amount by appellant / defendant---Validity---Specific performance of an agreement of immoveable property is an equitable relief based on equity---Appellant / defendant, who had to show that he performed equity to claim equity from the Court, failed to discharge such burden as he had not paid or deposited balance sale consideration at the time when the suit was filed---It was not equity if appellant / defendant was allowed specific performance realizing that no efforts were made to deposit balance amount at the time when injunction was sought and/or when suit was filed, since doctrine of lis pendens was also an obstacle for seller---Division Bench of High Court declined to interfere in judgment and decree passed in favour of respondents / plaintiffs---Amount that was extended/paid at the time of execution of agreement which was not disputed, was rightly ordered to be returned along with profit accrued thereon along with damages and compensation extended to appellant / defendant, which discretion was lawfully exercised by Judge in Chambers of High Court as the amount was retained for a number of years---Intra Court Appeals were dismissed in circumstances.
Muhammad Farrukh Iqbal v. Mrs. Ayesha Iram and others 2021 SCMR 1341 ref.
Arshad Tayebaly along with Talha Javed for Appellant (in H.C.As. Nos.34 and 35 of 2023).
Ikram Ahmed Ansari and Ayaz Ahmed Ansari for Respondents Nos.2 and 3 (in H.C.As. Nos.34 and 35 of 2023).
Ikram Ahmed Ansari and Ayaz Ahmed Ansari for Appellants (in H.C.A. No.44 of 2023).
Arshad Tayebaly along with Talha Javed for Respondents (in H.C.A. No.44 of 2023)