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MUHAMMAD IQBAL versus MEHBOOB ALAM


Section 12 Contract Act (IX of 1872), Article 55 Specific performance time of the sale of a real estate contract is not the essence of the contract The buyer's desire to fulfill the contract is to consider the balance accumulated in court and execute the sale agreement. Its terms and conditions were acknowledged by the defendant (seller). The defendant did not establish any defense to the effect that the defendant (buyer) was not ready and willing to perform his part of the contract or Lacks the ability to do so, and does not contract its contents nor the intentions and practices of the parties and / or the defendant (s) Was established by any evidence led by the plaintiff) that the summary at the time was that the plaintiff had also submitted the balance of consideration to the court, which established its readiness, prompt and consent. On the contrary, the defendant would have been willing to pay the seller his obligations, he would have accepted the case on the first available basis. Reportedly, the money was accepted and the matter was finalized by the plaintiff proving that he was maintaining and operating a bank account that contained a reasonable amount of money payable. Although the aforesaid agreement has considered the balance of the case to be submitted to the trial court during the trial before the High Court, such withdrawal implies an agreement to sell the suit for its specific performance. The import will not reflect any relief. The sale agreement was rightly ruled that the Supreme Court directed the plaintiff to consider the value reduction in currency.

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