1040/2009 Suit NASIR ALI (Plaintiff) V/S SYED QAMAR HUSSAIN (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
Order Date: 26-AUG-23
Plaintiff Buyer, within the time prescribed in the contract, made part payment of the Sale Price, whereafter Defendant Seller handed over the first floor of the bungalow on the suit property to Plaintiff. Plaintiff Buyer did not pay the outstanding balance sale price when he found out the suit property was mortgaged. Blamed Defendant Buyer for not executing the sale deed, expressed willingness and readiness to pay and filed suit for specific performance under the Specific Relief Act as well as claimed part performance under Section 53-A of the Transfer of Property Act. Interpretation of where time is of the essence, proving readiness and willingness, criterion for curating discretionary relief where the cause of action accrued in 2005 and the case decided in 2023. Suit dismissed.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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