Case Details

Citation(s)
2010 SLG 2871 = 2010 SLD 2871 = 2010 MLD 266
Sindh High Court
Second Appeal No.23 of 2008, decided on 23rd December, 2009.
Shahid Anwar Bajwa, J

Mst. NARGIS BANO---Appellant

VERSUS

Mst. SHAMIM BANO and 3 others---Respondents

Law:

Section:

SHAHID ANWAR BAJWA, J.---Factual background of this second appeal is that Suit No.1364 of 2004 was filed by the present appellant against present respondents for declaration, possession and permanent Injunction. It was contended in the plaint that plaintiff entered into sale agreement in respect of single story House bearing No.H-122, measuring 120 sq. yds. situated at Defence View, Phase-II, Karachi on 17-8-2004 with one Imran son of defendant No.1. It was further pleaded in the plaint that Imran Khan appointed his mother as his attorney and received an amount or Rs.200,000 on 21-82004. It was further pleaded that on 29-10-2004 present respondent No.1 executed sale agreement and accepted that Rs.200,000 had earlier been given to Imran and thus acknowledged the payment of Rs.400,000. It was averred in plaint that on date of signing of agreement another amount of Rs.700,000 was received by respondent No.1 another agreement was signed on 19-11-2004 and present respondent No.1 received an amount of Rs.13,00,000. Thus total consideration amount mentioned in the agreement being Rs.2,600,000, amount of Rs.200,000 was left to be paid which was to be paid at the time of execution and registration of sale-deed. It was stated in the plaint that plaintiff was all along ready to pay Rs.200,000d at the time of registration of sale-deed and mutation of property. It was thus contended that defendant received Rs.24,00,000 out of total sale consideration Rs. 26,00,000 but refused to register sale-deed. Consequently, it was prayed as under:--   "To pass judgment and decree in favour of plaintiff against defendant.   Declaration to declare violation of sale agreement that the defendant No.1 handed over vacant physical possession to the plaintiff and as plaintiff is owner of the suit premises, bearing No.H-122 Defence View measuring 120 sq. yds. Phase II Defence Karachi.   The defendant No.1 Execute sale-deed and Mutation in favour of plaintiff.   That hand over physical vacant possession to plaintiff.   Any other relief/reliefs, this Hon'ble Court deem fit and proper in circumstances."   Written statement was filed. Receipt of…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register