HABBAN SHAH versus SHERUDDIN

Issue for consideration

Issue arose whether the decree of specific performance passed by the court of first instance directing for the execution of sale deed on deposit of the balance sale consideration within three months would be inexecutable for the reason that the balance sale consideration Act,1963 – s.28 – Code of Civil Procedure, 1908 – Ord. XX r.12A – Specific performance – Executability of conditional decree – Non-deposit of balance sale consideration within stipulated time – Defendant-appellant entered into agreement to sell the