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SYED AHMED versus SYED MUZAFFAR HUSSAIN


Section 12 Contract Act (IX of 1872), section 2 (a) (b) (c) Civil Procedure Code (V8 1908), O XLI, R 33 Proof of valid contractual relief The plaintiff claimed that the defendants had made the sale. According to the property contracted and the seller received the money, the defendants did not sign an agreement to sell and the plaintiff relied solely on the receipt of the consolidated money, and the trial court dismissed the suit filed by the plaintiff. And the appellate court, through the plaintiff, submitted that the receipt was proof that the payment of interest amount in connection with the agreement between the parties was neither fulfilled nor fulfilled the contract requirements. This is not stated in Section 2 (a) (b) (C) of the Contract Act, 1872, nor can the examination of the receipt of the prescribed law be maximum. Can be considered as an agreement that cannot be construed as a contract, no contract can be made under section 2 of the Contract Act, 1872, therefore, no special performance suit can be waived. It could neither be sued by the plaintiff nor was it enforceable. The plaintiff had presented proof of payment to the defendants, therefore, the High Court, under AXLI, R33, CPC. Using the acquired options, the help function has been turned into a specific functionality. The decisions of the two courts below were upheld by excluding the contract specific performance case and the lower appellate court for dismissal so that the case after converting the suit to one for refund. Excluded in favor of the plaintiff.

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