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Civil Miscellaneous Appeal No. 1842 of 1986 in Suit No. 347 of 1979, decided on 5th August, 1986.
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‑‑‑S. 12‑‑Civil Procedure Code (V of 1908), O. XXXIX, R. 1 & S.151‑‑Suit for specific performance of agreement‑‑Amount due from plaintiff ordered to be deposited in Court and invested in Khas deposit certificates‑‑Profit accruing every six months from such certificates‑ Plaintiff applying Court for collection of such profit and delivery thereof to him‑‑Plea of defendant that profit accruing from such certificates was payable to party in whose favour suit was ultimately decreed, repelled‑‑All that the defendant would be entitled to get, held, was the balance amount‑‑Defendant was already enjoying possession of property‑‑Benefit of interest accruing on money deposited by prospective purchaser in Court, under orders of Court, would be allowed to him and not the owner of property who was already enjoying benefit of possession thereof.
1983 C L C 1085 fol.
Zafar Hadi Shah for Plaintiff.
Muzaffar Hassan for Defendant.
This application has been filed on behalf of the plaintiff praying that the Nazir be directed to collect the profits on Khas deposit certificates and pay the same to the plaintiff and further collect such profits after every six months to pay the same to the plaintiff.
The application has arisen from suit filed by the plaintiff for specific performance of an agreement of sale dated 18‑2‑1979 in respect of Plot No. E/27 Block 4, Gulshan‑e‑Iqbal Karachi and for permanent injunction restraining the defendant from alienating the said property in favour of any other person. By an order dated 8‑12‑1979 this Court had confirmed the status quo order granted in favour of the plaintiff but subject to deposit of the balance amount of Rs.2,70,000 which was still payable to the defendant according to the agreement of sale. The amount deposited by the plaintiff on 11‑12‑1979 was invested by the Nazir of this Court in Khas deposit certificates in April, 1983. On this investment profit accrues after every six months and hence the instant application.
Mr. Muzaffar Hussain has opposed the application as his contention has been that the profit accruing on the said certificates was payable to the party in whose favour the suit is ultimately decreed.
I am afraid the contention of Mr. Muzaffar Hussain is devoid of force. According to the averments made in the plaint the property in question was agreed to be sold for Rs.3,00,000 out of which Rs.30,000 had been paid to the defendant as earnest money. If the suit is ultimately decreed in favour of the plaintiff all that the defendant would be entitled to get is the balance amount of Rs.2,70,000. The defendant is already enjoying the possession of the property in question. Since the profit has accrued on the money deposited in Court by the plaintiff, the plaintiff in all fairness should be entitled to the same. I am fortified in my view by 1983 C L C 1085, wherein benefit of interest accruing on money deposited by the prospective purchaser in the Court under Orders of the Court was allowed to him and not to the owner of the property who was already enjoying the benefit of possession of the property.
C. Misc. Appeal No. 1842/86 is therefore, granted.
A . A . / S‑56 / K Application accepted.
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