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MST. GHAZALA YASMEEN versus SARFRAZ KHAN DURRANI


Section 12 of the Contract Act (IX of 1872), section 55 suit for the specific performance of the sale agreement, states that the suit property stands in the name of the defendant's predecessor, which he moved in his name by the due date, 304. Was bound to do. 2007; and that if the plaintiff fails to pay the balance on or before the due date, then the substantial amount will be forfeited and the contract will be canceled. The defendant's request was that the essence of the contract was, therefore, a failure. After that he was not bound by the agreement. To pay the balance through the due date set by the claimant. The accuracy suit agreement was based on the principle of payment because both parties had to meet certain conditions, evidence on record shows that the transfer of property in the name of the defendant from his predecessor was applied on 28th, 2007 , But he did not give notice to the plaintiff before 30 4 2007 to complete the contract by paying the balance amount and executing the sale in favor of the plaintiff, the plaintiff contracted by collecting the balance amount as per the court time order. Had shown his willingness to play his part. The suit was not the essence of the contract. The suit was ordered under circumstances. \ R \ n

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