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.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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