749/2005 Suit DR. NAFEES ZUBAIR (Plaintiff) V/S MRS. SAEEDA BANO & ORS (Defendant)

Sindh High CourtProperty & Rent2022

Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)

749/2005 Suit DR. NAFEES ZUBAIR (Plaintiff) V/S MRS. SAEEDA BANO & ORS (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author) Order Date: 22-DEC-22

Since the Defendant No.1 has accepted a substantial amount of rupees six million as part payment towards sale price, and never returned the same till the above Order was passed, which means for almost seven years the same was beneficially utilized by her, therefore, Defendant No.2 (Purchaser) despite the afore discussed lacuna in her claim for damages, is entitled for monetary relief, in view of the judicial consensus, that by invoking Section 19 of the Specific Relief Act, 1877, where the circumstances so permit, monetary compensation can be given, while refusing the specific performance to plaintiff

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749/2005 Suit DR. NAFEES ZUBAIR (Plaintiff) V/S MRS. SAEEDA BANO & ORS (Defendant)

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