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MUSHARAF BEGUM versus ABDUL WAHAB


The sale agreement for the claimant under Section 12 of the Special Relief Act, 1877, was an acceptable and lawful sale agreement with the claimant, which was ordered to sell the plots while he was under consideration, and in his written statement Had received payment for a portion of but did not dispute the execution of the sale agreement. And the partial payment of the sale agreement, thus, the defendant had executed, however, after that he had changed his mind to adhering to the terms of the contract, because he had acquired the capital. There were no steps taken to obtain a tax certificate. Capital Gain Tax Payment was required by the relevant authorities for execution of the sale process before the Registrar before the sale contract could be entered into by the Registrar and the sale contract was negotiated for consideration. And receiving the payment of dividends was to fulfill its legal obligation. Obtaining a Tax Certificate and Obligations and Payment of Taxes o The failure to appear as a plaintiff's witness in question would be the strongest opportunity to defame his case, the evidence on record clearly proved. The plaintiffs were ready and willing to perform their part of the agreement, while the defendant refused to perform his part of the agreement. And the absence of the essence of the agreement of the plaintiffs demanding specific performance of the contract cannot be legally complied with, even though there is discretion with the court, such discretion may be legally and legally binding. Adhere to the principles laid down accordingly

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