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BASHIR versus LAL ARNOLD


The Special Relief Act 1877S, 12 suit, was not denied by the defendant for the specific performance of the contract sales contract, but it accepted the position that it had already agreed to perform its part of the contract. Was to prove that the plaintiff was willing to pay his share of the contract was on the plaintiffs, but the evidence presented by the defendants in the evidence of their case was properly dismissed by the defendants. ? One of the defendants, who appeared as their own witness, admitted that the case was filed without proper court fees and requested an extension in time. Pay court fees because they had no money at the time of filing a lawsuit, in the circumstances. Not ready and willing to perform their part of the agreement, a copy of the variation whereby the plaintiffs' inheritance in relation to the suit land was granted to the plaintiffs, but after more than two years The lawsuit was filed by the defendants. Find specific performance delays, although within a certain period of time there could be no basis for denial of specific performance if there was a proper case, but inappropriate delays in bringing the suit would support this version of the defendants. The plaintiffs were not ready and willing to perform their part of the agreement. During the course of the trial, the appellate court upheld the trial court's verdict and order, rejecting the trial, saying it was not proven that the plaintiff was ready and willing to pay his share of the contract.

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