MRS. NAJMA VASEEM ADENWALLA versus MRS. ABIDA JAWED
Sections 12, 39, 42 and 54 for the specific performance of the sale agreement, consideration of the balance on sale on the document cancellation, declaration and injunction, specific performance of the plaintiff's non-sale sale agreement were demanded and contradicted. Defendant sought cancellation of the agreement on the plea that the plaintiff failed to submit a balanced consideration, though not submitting the balance amount to the court, although the agreement would not be considered a breach but the plaintiff's first fax should come to the fore. And balance sales should be considered, especially when it comes to enjoying suite property. Not responsible for the full registration of the sale agreement by any particular time and that was why the partial payment was transferred to the plaintiff in possession of the suit property, which constituted 60% of the sale consideration, as in the unanimous agreement. No one has ever committed a serious violation. The terms of the contract that could be fatal to their contract's right were considered by the High Court to be a specific performance of the contract subject to a 40% payment-related sales payment, since that was the amount unpaid. And the defendant should not suffer for such reason. Due to the delay in payment, she was not enjoying the possession of the property nor could she enjoy the final balance amount in the relevant time, as well as the plaintiff having the fact that the defendant knew the balance. Cannot escape by paying for which he not only enjoyed possession of the property but also enjoyed the fruits. The balance consideration suit was decided accordingly
Related judgments — Karachi High Court Sindh, 2013
