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MST. GULSHAN HAMID versus KH. ABDUL REHMAN


Specific performance of the sale contract property located in section 12 and 22 cantonment area is signed by the seller defendant, but it is not signed by the signatory but by the vendor on the venue. The source agreement is executed, but in the absence of it through the Oath it is confirmed in the Commissioner's place S \, where the suit is an agreement on the land in which the term refers to the vendor from the GHQ / Cantonment Board to the NOC. And within 15 days of receipt of the information about the NOC, the seller will have to register the registered sales deadline after payment. Had to make peace. Balance amount; and if the vendor fails to pay, the advance amount will be forfeited and the contract will be deemed canceled when the defendant receives the defendant's NOC player after the defendant's non-payment of the balance amount. The essence of the contract at the time was, therefore, that the plaintiff Siddiqui Wendy's failure to sign the contract itself was exempt from future shopkeeper's claim, so it was not mutually enforceable and did not have any particular performance. No order could have been approved on that basis. An entry restriction cannot be enforced within 15 days after the seller has been informed to avoid cross examination because he did not sign the contract and upon receiving information about the issuance of the NOC Wendy was unable to pay the balance. Seller's time was the essence of the contract and the seller was unable to perform his part of the contract provided the seller was forced to sign the contract after the acquisition of FANOC, then appropriate.

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