2007 PLP 2012 (YLR)
ABDUL AZIZ KHAN — Plaintiff Versus IMRAN ZAHID and another — Defendants
| Citation | 2007 PLP 2012 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mrs. Qaisar Iqbal, J |
| Parties | ABDUL AZIZ KHAN — Plaintiff Versus IMRAN ZAHID and another — Defendants |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2007 PLP 2012 (YLR)?
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 2012 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mrs. Qaisar Iqbal, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 2012 (YLR) (ABDUL AZIZ KHAN — Plaintiff Versus IMRAN ZAHID and another — Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 8, 12, 42 & 54
Suit for possession, specific performance of contract, declaration and permanent injunction etc.
Defendants were restrained from creating third party interest. in respect of suit property subject to deposit of the balance sale consideration amount and as a consequence of said order balance sale consideration was deposited with the Nazir of the court
Defendant was in possession of suit property and with the consent of counsel appearing for defendant interim order as granted earlier, stood confirmed
To safeguard the interest of parties, Nazir of the court was directed to invest the sum deposited by the plaintiff in the profitable Government Scheme. Salim Slam Ansari for Plaintiff. Usman Shaikh for Defendant No.1.
Judgment & Decree
MRS. QAISAR IQBAL, J.
The plaintiff has proceeded to file suit for specific performance of the contract, declaration, possession, permanent injunction as well as for damages. It appears vide order dated 30-5-2006, defendants were restrained from creating third party interest in respect of suit property subject to deposit of the balance sale consideration amount. As a consequence of the above order the balance sale consideration amount of Rs.6,30,000 were deposited with the Nazir on 19-9-2006. Admittedly, defendant No.1 is in possession of the suit property, with the consent of learned counsel appearing for defendant No.1, interim order as granted earlier stands confirmed,' consequently C.M.A. No.4190 of 2006 stands disposed of.
2. The plaintiff has resorted to file application seeking direction to the Nazir of this Court to invest the deposit amount of Rs.6,30,000 in any profitable scheme subject to final adjudication of the case. To safeguard the interest of the parties, Nazir is hereby directed to invest the sum, deposited by the plaintiff in a profitable Government Scheme. Orders accordingly.
3. At this juncture, Mr. Salim Salam Ansari has fairly conceded as the trial of the issues raised by the parties through the evidence to be led by the parties during the course of proceedings, consequently, application being not pressed is hereby dismissed. Parties are directed to file proposed draft issues within 10 days. Adjourned to 29-5-2007 for settlement of issues. H.B.T./A-70/K??????????????????????????????????????????????????????????????????????????????????? Order accordingly.