Law: Transfer of Property Act, 1882

Section: 54

Law: Specific Relief Act, 1877

Section: 12

Transfer of Property Act (IV of 1882)--- ----S.54---Specific Relief Act (I of 1877), S. 12---Agreement to sell immoveable property---Balance sale consideration---Petitioner/vendee was directed to deposit the remaining sale consideration amount of Rs. 1,27,50,000/- in the Court---Said order was assailed but appeal was dismissed---Validity---Record showed that the petitioner was directed to deposit the remaining unpaid consideration amount of Rs. 1,27,50,000/- in the Court---However, it was not mentioned that in case of non-deposit of the said amount either the stay order shall be recalled or the suit shall be dismissed---Order of deposit was independent of the portion of order relating to interim relief and at present stage did not apparently have any adverse effect on the main case as well for the reason that through the same order issues relating to merit of case were framed---Parties were directed to lead evidence on said issues, where-after the matter was to be decided after recording of evidence---Prima facie, no prejudice had been caused to petitioner by said order and the same could not be treated as adversely affecting the rights of the petitioner, hence, the order by trial court for deposit and judgment passed by the Appellate Court whereby said order was upheld, both were based on proper appreciation of facts of the case available on the record as to the amount of remaining payment and were well within discretionary jurisdiction of said courts---Petition, being devoid of merits, was dismissed. Irfan Rasheed v. Muhammad Muazim and others PLD 2022 Lahore 372; Messrs Kuwait Nation Real Estate Company (Pvt.) Ltd. and others v. Messrs Educational Excellence Ltd. and another 2020 SCMR 171; Mst. Samina Riffat and others v. Rohail Asghar and others 2021 SCMR 7; Inayatullah Khan and others v. Shabbir Ahmad Khan 2021 SCMR 686; Muhammad Shafiqullah and others v. Allah Bakhsh Deceased through L.Rs. and others 2021 SCMR 763; Muhammad Jamil and others v. Muhammad Arif 2021 SCMR 1108; Muhammad Yousaf v. Allah Ditta and others 2021 SCMR 1241 and Muhammad Asif Awan v. Dawood Khan and others 2021 SCMR 1270 rel. ORDER MUZAMIL AKHTAR SHABIR J.---Through this Civil…

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