Transfer of Section 12 of the Property Act (IV, of 1882), Section 573 of a Civil Procedure Code (V8 1908), OXXX, Rr 1 and 2 Interim Order, Approval of Specific Performance of Contract to Sell Partial Performance, Principle On the basis of the loss of alternative relief application, the plaintiff claimed on the basis of the receipt of the sale that he had entered into a contract of sale with the defendant and also claimed that he had acquired the suit property as part of the contract. I was done. The Transaction Property Act, 1882, had to show the plaintiff that a transfer was signed by the transferor in relation to the immovable property; in writing, the transfer could be concluded with reasonable certainty, in partial execution of the agreement. , The transferor had taken possession of the property or any part or part thereof, so he remained in possession of the partial contract of the contract and he proceeded the contract and the transfer. EE performed or was willing to perform its part of the contract The entire process of partial performances was available to the plaintiff as well as to the defendant as a shield to protect and maintain ownership against the transfer. The person under whose claim the plaintiff failed to prove that he was in possession of the property. Due to the partial performance of the contract in question, therefore, its property was not protected under Section 53A of the Transfer of Property Act, 1882, the plaintiff also failed to sue and the balance of the suit against irreparable damages Was not in favor of The plaintiff has already claimed damages in the case and if the court concludes that the plaintiff does not deserve specific performance
Related judgments — Karachi High Court Sindh, 2011
