Suit for specific performance of agreement to sell immoveable property --- Deposit ing of entire/remaining sale consideration by............

 Suit for specific performance of agreement to sell immoveable property --- Deposit ing of entire/remaining sale consideration by plaintiff in court --- Bilateral contracts --- Scope--- Question before High Court was whether plaintiff seeking to enforce agreement to sell in a bilateral contract, was required to Deposit entire sale consideration in court --- Contention of plaintiff, inter alia, was that as per contract, defendants failed to perform certain obligatory acts after initial payment, therefore plaintiff could not be made to Deposit entire sale consideration until the defendants performed said acts --- Validity---- In bilateral agreement/contract/settlement(s), participating parties promise each other that they will perform or refrain from performing an act and such type of contract was also known as a "two-sides contract" ---- When plaintiff had already performed first part of agreement, it was the defendants who had to perform their part as agreed between them and on refusal of the same, plaintiff approached Court to force them to perform their part --- In such a case plaintiff could not be forced to Deposit whole sale consideration, especially when the agreement was bilateral as well as under certain terms and conditions and both the parties had to perform their parts step by step.

IJAZ AHMAD CHAUDHRY vs CIVIL JUDGE
2020 CLC 29