2007 PLP 116 (MLD)
NASIR HASSAN KHAN — Appellant Versus MUHAMMAD KHALID RAFIQUE — Respondent
| Citation | 2007 PLP 116 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NASIR HASSAN KHAN — Appellant Versus MUHAMMAD KHALID RAFIQUE — Respondent |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2007 PLP 116 (MLD)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 116 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 116 (MLD) (NASIR HASSAN KHAN — Appellant Versus MUHAMMAD KHALID RAFIQUE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Nasir Hussain Rizvi for Respondent.
Headnotes / Summary
Ss. 12 & 52
Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2
Suit for injunction and specific performance
Balance consideration
Temporary injunction, grant of
Scope
Temporary injunction in a suit for specific performance restraining alienation pendente lite must be subjected to deposit of balance admitted consideration
Plaintiff was directed to deposit the balance sale price within the time specified and in case of default temporary injunction would automatically stood vacated
Defendant's plea that agreement was rescinded was a matter of evidence.
Judgment & Decree
SH. AZMAT SAEED, J.
This appeal is directed against the order, dated 28-4-2005 granting temporary injunction in favour of the respondents.
2. Brief facts leading to the filing of this appeal are that the respondent instituted a suit for specific performance of an agreement to sell, dated 15-10-2004. Along with the plaint application under Order XXXIX Rules 1 & 2 C.P.C. was filed seeking temporary injunction restraining the appellant from alienating the property in dispute. The suit as well as the temporary grant was resisted. The Trial Court after hearing the parties vide the impugned order granted temporary injunction in favour of the respondent.
3. Learned counsel for the parties have been heard.
4. The sole ground raised by the learned Counsel for the appellant is that the respondent should have been directed to deposit the balance consideration. In support of his contentions the learned counsel has placed reliance on the judgments reported as Wiqar Avais v. Raja Muhammad Shafi Janjua & 4 others (1992 CLC 8) and Muhammad Nazir v. Yaqoob Khan and others (1994 CLC 12).
5. The learned counsel for the respondent has controverted the contentions raised on behalf of the appellant.
6. It is an admitted fact between the parties that an agreement to sell was executed by the appellant in favour of the respondent. It is also not disputed by the parties that a total consideration of Rs.50,00,000 was agreed between the parties. After which a sum of Rs.20,00,000 was paid and tendered by the respondent to the appellant leaving a balance of Rs. 30,00,
000. The appellant has taken the defence that the agreement was rescinded. This aspect of the matter can only be decided through evidence. Be that as it may, it is settled law as has also been held by this Court in the judgments relied upon by the learned counsel for the appellant that in a suit for specific performance of an agreement to sell the vendee/plaintiff must deposit the balance admitted consideration in order to entitle him for grant of temporary injunction. The learned counsel for the respondent has been unable to distinguish the aforesaid judgments relied upon by the learned counsel for the appellant. Consequently, it is directed that the respondent shall deposit the admitted balance consideration of Rs. 30,00,000 with the Trial Court within 44 days from today. The Trial Court seized of the matter shall finally adjudicate upon the suit by or before 15th of July, 2007. In case the respondent fails to deposit the said balance amount within the time specified the temporary injunction shall automatically stand vacated. This appeal is accepted in the above terms. F.B./N.100/L Appeal accepted.