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EHSAN ELAHI versus HAJI MUHAMMAD ZAKARULLAH


In Section 12 Civil Procedure Code (v. 1908), the trial court dismissed the section 100 suit for the specific performance of the trial sale agreement in the interests of the defendants, but on appeal, the appellate court overturned the trial court. The plaintiffs' predecessors with regard to the findings and litigation did not deny the execution of the sale agreement or refused to grant or provide possession to the defendants, but they requested that they enter into the agreement. Not ready and willing to perform your part and it was time. The essence of the sale of the contract, which was terminated by the plaintiffs, was on the evidence that the delay in the case could not be attributed to the plaintiffs because they were trying to permanently approach the defendants. ? The defendants were not that they did not have the proper amount of money or were unwilling to pay the facts on the record, that the matters could not be finalized, not because of the plaintiff's mistake, But because of the circumstances that the defendants lost their possession with a third party, which had a dispute with the defendant, a thorough investigation of the facts of the two courts was made. And willing to carry out its part of the agreement, the appellate court found no misrepresentation or evidence to be read, in which case the discretion was properly exercised in favor of the plaintiff. \ r \ n \ r \ n

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