172/2006 R.A (Civil Revision) Masood Ali Khan (Appellant) V/S Zahid Ali Khan & Another (Respondent)

172/2006 R.A (Civil Revision) Masood Ali Khan (Appellant) V/S Zahid Ali Khan & Another (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 14-NOV-16

Specific Relief Act (I of 1877)--- ---Ss. 12 & 39---Suit for specific performance, cancellation of agreement to sell and recovery of arrears of rent---Plaintiff filed suit for specific performance of contract whereas defendants filed suit for cancellation of sale agreement and recovery of arrears of rent---Trial Court dismissed the suit of plaintiff but Appellate Court decreed the same---Validity---Findings of Appellate Court were result of mis??reading and non-reading of evidence---Documents discussed in the impugned judgment were not relevant to form any opinion---Trial Court was not supposed to insist that the specific performance should be done by an unwilling party to the contract---Appellate Court while reversing the decree of dismissal of suit for specific performance of contract had not directed the plaintiff to pay or deposit the balance sale consideration with the Nazir of the Court within any specified duration of time with the condition that non-deposit of the same would mean dismissal of said suit---Impugned orders passed by the Appellate Court were set aside and judgments and decrees of the Trial Court were modified accordingly---Suit for cancellation of sale agreement was decreed and that of plaintiff for specific performance was dismissed-- Plaintiff was directed to pay rent due with 10% simple mark-up from the date of filing of suit till the realization and handover peaceful possession of suit property to the defendant---Revision was disposed of accordingly.