246/2024 II.A. Zeeshan Aziz Thr. Attorney Khurram Suleman (Appellant) V/S Malik Tauseef Ahsan (Respondent)

Sindh High CourtProperty & Rent2026

Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)

246/2024 II.A. Zeeshan Aziz Thr. Attorney Khurram Suleman (Appellant) V/S Malik Tauseef Ahsan (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 09-FEB-26

The appellant/defendant could not sustain a contradictory defence. He could not, on the one hand, deny the contract and, on the other hand, withhold the partial sale consideration admittedly paid to him by the respondent/plaintiff under the very same agreement he denied. In the circumstances, he took a chance. The trial Court's directions to refund the partial sale consideration plus mark-up to the plaintiff/respondent are not arbitrary even though the suit for specific performance was ultimately dismissed. IInd Appeal dismissed.

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246/2024 II.A. Zeeshan Aziz Thr. Attorney Khurram Suleman (Appellant) V/S Malik Tauseef Ahsan (Respondent)

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