Law: Specific Relief Act, 1877

Section: 10

Law: Specific Relief Act, 1877

Section: 10

Specific Relief Act (I of 1877)-------S. 10---Suit for recovery of money and damages---Grievance of plaintiff was that despite completion of project, authorities had withheld his payments---Validity---No specific date for completion of project was mentioned in agreement and there was no other agreement between the parties showing completion period of 18 months---Document showing 18 months was not signed by plaintiff and was not integral part of agreement as it was issued by authorities subsequent to agreement---Authorities had admitted and acknowledged that project was completed by plaintiff in all respects in June, 1996---Evidence produced by plaintiff was unrebutted and no evidence at all was produced by plaintiff in rebuttal---Project was executed by plaintiff in pursuance of terms of contract in June, 1996 and project was ready for handing over of possession by plaintiff to Authorities in June, 1996---Plaintiff started demanding settlement of his disputed running bills and payment of balance retention money immediately upon completion of the project---Unrebutted evidence produced by plaintiff had established that entire amount claimed by plaintiff was withheld by Authorities on such grounds which were not agreed by parties and were beyond the scope of agreement---By not taking over possession of project in June, 1996 upon its completion by plaintiff in all respects and by not paying admitted outstanding amounts of plaintiff's running bills and balance retention money, Authorities committed deliberate and wilful breach of the agreement---High Court directed the Authorities to pay amount of balance outstanding amount of disputed running bills towards balance retention money and also directed to pay damages---Suit was decreed accordingly. H.A. Rahmani for Plaintiff. Ms. Afsheen Aman State Counsel for Defendants. Date of hearing: 8th November, 2012. JUDGMENT NADEEM AKHTAR, J.--- The plaintiff has filed this Suit against the defendants for recovery of outstanding amount payable to him by the defendants under a contract, and also for damages sustained by the plaintiff in view of the breach of contract committed by the defendants. 2. It is the case of the…

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