MOMTAZUL KARIM AND Others vs ABU HUSSAIN AND Another — 1970 SCMR 816

Citation: 1970 SCMR 816

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-06-19

Parties: MOMTAZUL KARIM AND Others vs ABU HUSSAIN AND Another

Headnotes

Case cited as 1970 SCMR 816

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: MOMTAZUL KARIM AND Others vs ABU HUSSAIN AND Another Case No.: Civil Petition for Special Leave to Appeal No. 2-D of 1970 Date of Judgment:1970-06-19 Reported As: 1970 SCMR 816 Result: Petition dismissed JUDGMENT JUDGMENT M. R. KHAN, J.-This petition for special leave to appeal is directed against the judgment and decree of a Division Bench of the High Court of East Pakistan, affirming those of the trial Court passed in a suit for specific performance of a contract of sale. The subject-matter of the suit was the Mercantile Bank Building within the municipal town of Khulna. The case of the plaintiff Abul Hussain (respondent No. 1 herein) was that he entered into an oral contract with the defendant No. 1 Kausaruddin (respondent No. 2 herein) and his brother Atiur Rahman (defendant No. 2 in the suit, but not a party in this petition) for the purchase of the Mercantile Bank Building for a consideration of Rs. 65,000. The contract was finalized on the15th August 1958. In terms of the contract, the plaintiff was to pay the defendant a sum of Rs. 58,000 within one month and the balance consideration was to be paid at the time of the registration, of the sale deed on the defendant's obtaining an income-tax Clearance Certificate. The plaintiff' paid Rs. 58,100 within one month of the contract by instalments. The defendants Nos. 1 and 2 deferred the execution of the sale deed on one pretext…

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