34/2023 H.C.A Dr. Nafees Zubair through her attorney (Appellant) V/S Saeeda Bano & Others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Jawad Akbar Sarwana
34/2023 H.C.A Dr. Nafees Zubair through her attorney (Appellant) V/S Saeeda Bano & Others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Jawad Akbar Sarwana Order Date: 16-NOV-23
*-Performance is equity based, court is obliged to perform equity as performance is not vested right. **An oral (unregistered) gift alone, or any private communication between donor and donee, would not be an obstacle in seeking performance against the title holder being a last registered instrument. ***Deed of Redemption is no doubt claimed to be a registered instrument however this Redemption Deed is just a privileged document between the mortgagor and the mortgagee but the Redemption Deed itself does not confer title. ****the performance cannot be declined on the execution of oral gift and that due diligence was not made. Performance could only be sought against title holder. If these "oral gifts" are allowed to come in the way of performance, then no suit for performance could succeed. *****It would not be an equity if appellant is allowed the performance realizing the no efforts were made to deposit the balance amount at the time when injunction was sought and/or when suit was filed, since doctrine of lis pendence is also an obstacle for seller.