HAJI MUHAMMAD ALI versus MST. SHAHNAZ AKHTAR AND 4OTHERS
Section 55 Civil Procedure Code (V of 1908), O XXXX, Rr 1 and 2 Specific Relief Act (I of 1877), Section 12 Suit for Sale For Specific Performance of Interim Order Prohibition Agreement, Request to Consider Total Sales 1,06, the plaintiff claimed to be in possession of the property on payment of Rs 5,30,000 to the claimant, the balance amount of Rs 1,00,70,000 being sold to the defendant in his favor. Payable at the time of enrollment of the post was 60 days from the date of contract. The duration of the contract was made because the essence of the contract did not pay the balance amount. The plaintiff did not take legal notice to demand the defendants to pay the balance, the value of the property is increasing day by day and the plaintiff is valuable. Freezing of property cannot be allowed. The defendant will not maintain a balance in favor of the plaintiff against the nominal amount for an indefinite period which cannot be exercised in favor of the plaintiff in such cases.
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