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Petitioner: PAK MANIAR INVESTMENT LTD. VS Respondent: NOOR HASSANHonorable Justice Syed Abdur RehmanAbdul Sattar G. Shaikh,N. A. Farooqi
1989 M L D 4547
1989 M L D 4547
[Karachi]
Before Syed Abdur Rehman, J
PAK MANIAR INVESTMENT LTD.--Plaintiff
Versus
NOOR HASSAN and others--Defendants
Civil Suit No.579 and Civil Miscellaneous Appeal No.3880 of 19M, decided on 2nd February, 1989.
Specific Relief Act (I of 1877)--
-----S.12--Suit for specific performance Parties not at Issue--Suit was decreed by Court on term: That a certain amount would be paid by plaintiffs into Court as balance of sale consideration within three months otherwise suit would stand automatically, dismissed; after obtaining No Objection Certificate from authorities to sell lands defendants would deposit balance of amount; if no such certificate would be obtained within three months, plaintiff would be at liberty to obtain Certificate himself and deduct amount involved in obtaining same from sale consideration; he shall have an option to cancel sale agreement and take back sale consideration if no such permission was granted and shall also be entitled to refund amount already paid.
Abdul Sattar G. Shaikh for Plaintiff.
N. A. Farooqi for Defendants.
Date of hearing: 2nd February, 1989.
JUDGMENT
It appears that the parties are not at issue and therefore I pass the following judgment in this case.
The suit is decreed as follows:
The plaintiff shall deposit the balance of sale consideration. At the request of Mr. Abdul Sattar G. Shaikh the plaintiff is given 3 months' time for deposit of balance of sale consideration amounting to Rs.98,37,812.50, If the said amount is not deposited in Court on or before 4th May 1989 the suit shall stand automatically dismissed. After the deposit of the said amount in Court the defendants shall obtain No Objection Certificate (Permission) from the Assistant Commissioner to sell the lands within 3 months of the deposit of the balance of sale consideration. If no such certificate is obtained within the time so given the plaintiff shall he at liberty to obtain the certificate himself and deduct the amounts involved m obtaining the same from the sale consideration. He shall have an option to cancel the sale agreement and take back his consideration if no such permission is granted and shall also be entitled to refund of the amount already paid amounting to Rs.4,70,000..After no-objection certificate is obtained the defendants shall execute power of attorney in favour of Noor Hassan as stipulated in the sale agreement. Failing the same the plaintiff shall be entitled to have such power of attorney executed from (lie Nazir of this Court. After all this is completed the defendant shall execute registered sale-deed in favour of plaintiff, failing which the plaintiff shall he entitled to entitled to get it executed by the Nazir of this Court on payment of stamp duty and registration charges. C.M.A. 3380/86 and the suit stands disposed of accordingly.
M.Y.H./P-110/K
Order accordingly