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RAB NAWAZ versus MUSTAQEEM KHAN


Sections 12 and 22 of Pakistan (1973), Article 185 Suit for Specific Performance of the Contract The time of execution of the sale agreement between the parties maintaining the appeal was the essence of the contract but the plaintiffs / vendors were required to give notice to the defendants. Instead. / To the date specified and the vendors have offered to pay half of the sale to the defendants / sellers, the trial court did not instruct the defendants, the parties and the court to file a case for the specific performance of the contract. In the meantime, the amount should be deposited in the court. The decree was dropped on the date of approval because the defendant proceeded on the condition of paying the defendants / sellers a fixed amount until the end of the due date and until their case is decided by the trial court. Were not serious in the contract, the sale performance of the contract cannot be legally given to the property, the plaintiff / vendor in the dispute The plaintiff / vendor claimed that they were entitled to the specific performance of the contract in their favor That the defendant / shopkeeper is in any way involved with the defendant / vendor in executing the sale agreement. Failure to demonstrate the yoke. Although there were no cases of fraud in this case, there was a desire for equity and fairness in the agreement, which was necessary so that the court could exercise its discretionary jurisdiction in a particular agreement; the court, the religious decision of a contract. I would not only look at the terms of the contract but reason in the circumstances surrounding it. Sections of the Special Relief Act, 1877

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