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ATOH.UJUNAD SHAHABUDDIN versus KHUSHI MUHAMMAD


Section 12 Contract Respondents' specific performance should not be attributed to conduct that would prevent them from equal relief (specific performance). Prayed for discretion used by the court. Dismissal of appeal against lower court order

1981 C L C 1556

[Karachi]

Before Zaffar Hussain Mirza, J

MUHAMMAD SHAHABUDDIN AND ANOTHER‑Appellants

versus

KHUSHI MUHAMMAD AND ANOTHER‑Respondents

First Appeals Nos. 64 and 65 of 1968, decided on 14th January, 1980.

(a) Contract Act (IX of 1872)‑‑

‑‑‑ S. 39‑‑‑Rescission‑Repudiation of contract, held, must ‑be total, absolute and clear.

Haji Hashim Haji Ahmad & Bros. v. Trading Corporation of Pakistan P L D 1977 Kar. 480 ref.

(b) Specific Relief Act (I of 1877)‑--

‑‑‑‑ S. 12‑‑Specific performance of contract‑Respondents not. guilty of such a conduct as to disentitle them to equitable relief (specific performance) prayed for‑Discretion exercised by Court below in granting relief to respondent in no way perverse or against judicial principles‑Appeal against order of lower Court dismissed.

Ramjanans Bharathi v. Dhurandher Kuer A I R 1959 Pat. 506 ref.

S. A. Jamali for Appellant.

Date of hearing : 11th November, 1979.

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