livelawpk.com - Deposit the Balance Sale Consideration at the Time of Filing

There is no Mandatory Requirement under the Specific Relief Act for the Plaintiff to Deposit the Balance Sale Consideration at the Time of Filing the Suit Unless Specifically Ordered by the Court --- Supreme Court of Pakistan

5 months, 3 weeks
199

Islamabad 29-06-2024: The Supreme Court of Pakistan has set aside the judgment of the Sindh High Court in [Civil Appeal No. 51-K/2021] and remanded the case for a fresh hearing.

In a judgment authored by Mr. Justice Muhammad Ali Mazhar and Mr. Justice Irfan Saadat Khan, the Supreme Court addressed a dispute over 129-08 acres of agricultural land in Sanghar. The appellant, had filed a suit for specific performance and injunction after the respondents failed to execute a sale deed despite receiving the sale consideration.

The Trial Court initially dismissed the suit. However, on appeal, the appellant secured a judgment directing him to deposit the balance sale consideration, with the Court facilitating the execution of the sale deed if the respondents failed to do so. The respondents challenged this appellate judgment in the High Court, which resulted in the dismissal of the appellant's suit on the grounds of non-deposit of the balance sale consideration at the suit's inception.

The Supreme Court, after reviewing the case, held that the High Court's decision was overly technical and did not take into account the appellant's compliance with the appellate court's directives. The Supreme Court emphasized that there is no mandatory requirement under the Specific Relief Act for the plaintiff to deposit the balance sale consideration at the time of filing the suit unless specifically ordered by the court.

The judgment highlighted the importance of substantial justice and proper legal procedures, directing the High Court to re-hear the second appeal and consider all relevant legal and factual aspects.

This decision underscores the Supreme Court's commitment to ensuring fairness and adherence to legal principles, particularly in cases involving specific performance and contractual obligations. The fresh hearing in the High Court is expected to address the appellant's claims comprehensively, providing both parties a fair opportunity to present their cases.