Law: Specific Relief Act, 1877

Section: 12,42

Law: Constitution of Pakistan, 1973

Section: 185(3)

Specific Relief Act (I of 1877)---- ----Ss. 12 & 42---Constitution of Pakistan (1973), Art. 185(3)--­Agreement to sell, execution of---Balance consideration amount --­Determination---Claim of plaintiff was that total consideration amount agreed between the parties was Rs.10,00,000 out of which a sum of RS.3,00,000 was received by the defendant at the time of execution of the agreement---Agreement was admitted by the defendant and he only admitted the receipt of Rs.1,00,000 at the time of the execution of the agreement---Trial Court decreed the suit and directed the plaintiff to deposit the balance amount of Rs.7,00,000---High Court modified the and decree passed by the Trial Court only to the extent of deposit of balance consideration amount which was determined as Rs.9,00,000---Contention of the defendant was that the plaintiff had fraudulently entered in the deed of agreement a sum of Rs.3,00,000 as earnest money---Validity---When both the things i.e. agreement and receipt of earnest money had been admitted, the agreement was to be brought to its normal legal conclusion---Trial Court concluded that the plaintiff paid Rs.3,00,000 as earnest money while the High Court had determined that only Rs.1,00,000 was paid in such situation Supreme Court declined to interfere with the and decree passed by High Court---Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 1-10-2001 passed by the Lahore High Court, Lahore, whereby R.F.A. No.372 of 1995, filed by the petitioner was dismissed and the judgment of the trial Court was modified to the effect that the respondent instead of making the deposit of remaining consideration amounting to Rs.7,00,000 by virtue of the impugned judgment would deposit Rs.9,00,000. 2. Facts briefly are that the respondent/plaintiff filed a suit for declaration, possession, return of Rs.6,00,000 and specific performance of the agreement, dated 30-3-1993 whereby the petitioner/defendant agreed to sell land measuring 71 Kanals, 8 Marlas for a total consideration of Rs.10,00.000 out of which a sum of Rs.3,00,000 was paid as earnest money. This suit was resisted by the…

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