KHUSHI MUHAMMAD versus MANSOOR-UZ-ZAMAN
The claim of the Section 12 suit for the specific performance of the contract for sale was that the plaintiffs / shopkeepers of Rs 81,500 received a sum of Rs 50,000, while considering a balance of Rs 32,500. The amount paid was due at this date, the contract was to be finalized and the registered defendants accepted the execution of the sale agreement, but they refused to recover the balance amount of Rs 32,500, the trial said. The court ruled that the payment of the balance consideration was established by the evidence presented by the appellate court. The trial decree and the decree and an alternate order for a refund of Rs 50,000 were received by the defendants / sellers as the plaintiff failed to establish balance payment, which was prepared and This is strongly reflected in the readiness to perform. As part of the agreement, under the equity, the plaintiff could not perform the specific performance of the defendants, which he could not argue to the plaintiff that if the court should have directed specific enforcement on the payment of a balance amount of Rs 32,500, If its payment was not proven, it was postponed, as no equity person could be allowed to take advantage, and since non-payment of a balanced payment was the fault and violation of the contract by the claimant, Cannot execute contract sale
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