1987 PLP 2035(1) (MLD)
FEROZUDDIN and another — Appellants. Versus TIEN YING LEE and others — Respondents
| Citation | 1987 PLP 2035(1) (MLD) |
| Forum / Court | Karachi |
| Bench Members | Ajmal Mian and Muhammad Mazhar Ali, JJ |
| Parties | FEROZUDDIN and another — Appellants. Versus TIEN YING LEE and others — Respondents |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 1987 PLP 2035(1) (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 1987 PLP 2035(1) (MLD)?
The case was heard and decided by the Karachi bench comprising: Ajmal Mian and Muhammad Mazhar Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 2035(1) (MLD) (FEROZUDDIN and another — Appellants. Versus TIEN YING LEE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mansoorul Arfin for Appellants.
Headnotes / Summary
S.42--Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2--Suit for specific performance of sale agreement--Temporary injunction- Injunction, is generally granted in suit for specific performance subject to condition that plaintiff shall deposit balance of sale consideration- Order under appeal being in consonance with law, appeal was dismissed.
Judgment & Decree
AJMAL MIAN, J.--This High Court Appeal is .directed against an order, dated 25-3-1987 passed by a learned Single Judge of this Court in Suit No. 816/1986, whereby he has granted an injunction restraining the, respondents from selling or alienating the property in dispute on the condition that the plaintiffs shall deposit Rs. 59,00,000 within three weeks. The appellants had filed suit for specific performance of a sale agreement in respect of the said property. Alongwith the plaint an application under Order XXXIX, rules 1 and 2, C.P.C. was filed, which has been disposed of in the above terms. The learned Single Judge has also directed that the amount so deposited by the appellants shall be invested by the Nazir in Khas Deposit Certificates. In our view, in a suit for specific performance generally the injunction is granted subject to the condition that the plaintiff shall deposit the balance of the agreed sale consideration. The order under appeal, therefore, is in consonance with the view taken earlier by this Court in a number of judgments. We therefore, do not find any merits in this appeal, therefore, it is dismissed in limine. However, we may observe that since big amount is involved the learned Judge may dispose of the suit as early as possible. M.A.K./F-17/K Appeal dismissed.