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ASHFAQ AHMED versus CH. MAQBOOL RAZA


The execution of the contract for the specific performance of the seller's contract applicable to Section 12 Contract Act (IX of 1872), Section 20, Contract Act, 1872, depends on the condition that the seller's sale The process will perform. After obtaining the proprietary rights, if the government failed to collect the sale price or for some other reason the proprietary rights were not given to the seller, then only in this case could it be said to be frustrating and impossible to execute. Was done The specificity of this claim for the specific performance of the contractor acquired the proprietary rights under the notification agreement, in the circumstances it was absolute and the court's enforcement concluded that the parties were in the wrong and that Article 20 of the contract Was bound to bypass the agreement. The Act, 1872, could not be approved because in the case of Section 20, Section 20 was not attracted. N 20 of the Contract Act 1872 could only be enforced if there was a mistake of both parties to the agreement. In the event of any fact required, the contract will be terminated only as a necessary party and the decree passed against the transfer may be executed without enforcing a party where a title is at the time of action. Was acquired while also avoiding the specific performance of the contract in relation to the said property. Could be given. Nor could his executor Walta face the deal after the deal was implemented that he was not eligible to sign the contract.

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