1702/2000 Suit MRS. NAJMA VASEEM ADANWALA. (Plaintiff) V/S MRS. ABIDA JAWAD (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 24-SEP-12
At one hand the plaintiff claimed that he was and is ready to perform the part of her obligation pursuant to which she had issued notices at the address provided by the defendant and on the other hand she failed to deposit such amount in Court which she was willing to pay her. If the plaintiff could be exempted from the payment of Rs.1 Million at the required time on account of non-availability of the address or on account of the avoidance for the registration of the sale deed than at least the time when she filed suit, she should have come forward and should have deposited the sum of Rs.1 Million in Court. The fact that she was/is enjoying the possession of the said property, it became all that important for her to discharge this obligation as her first priority, which she failed but this non-deposit in Court does not constitute breach of agreement. The Court is also conscious of the fact that the plaintiff has not just made the payment of the token amount, in fact she has paid 60% of the total sale consideration against which the possession was handed over to her. This 60% was utilized by defendant.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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