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RAHIM BAKHSH versus MUHAMMAD SHAFI


Specific Relief Act 1877 Section 12 Constitution of Pakistan (1973), Article 185 (3) The trial court's failure to sell the contract showed that the defendant had in fact negotiated the sale and received the sale price but this Has dismissed the case on this basis. This matter was premature because the defendants had not previously acquired the property in the appellate court, while several cases were heard during the trial that the defendant had considered the whole sale, he had considered it. The matter was declared premature and the case was retained by the High Court before the Appellate Court. Including certain amounts in his judgment and decree, and in addition to that, the plaintiff voluntarily offered compensation to the defendant as an additional selling price that the plaintiff did not openly approach the court because he did not The defendant was involved in the criminal cases. And because of this, the defendant remained in police custody for some time. Such a debate did not arise for any power, if the defendant had initiated an illegal legal proceeding, the defendant resorted to appropriate legal action against him. But it could not be a basis for denying the specific performance, the sale price was received simultaneously by the lower courts which was paid to the defendant. The plaintiff, however, voluntarily offered to pay the surplus amount even though she was not obliged to pay it, unless the court directed such payment, no case for leave to appeal was made. Was denied in the circumstances.

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