Law:

Section:

Specific Relief Act (I of 1877)----- -----S. 12-----Contract Act (IX of 1872), S. 55-----Suit for specific performance of contract-----Discretionary relief-----Time as essence of contract-----Scope-----Nothing was on record that plaintiff made effort to show his readiness to pay the balance sale consideration to the defendant-----Time was not essence of contract as certain obligations had to be performed before Application of time clause which were imposed through agreement upon the seller/vendor-----When requirements of transfer of property were completed the time which was essence would start-----Plaintiff had failed to perform the agreement in accordance with its terms-----Plaintiff had no cause of action to file the present suit as he had been estopped by his words and conduct-----Plaintiff was not entitled for discretionary relief of specific performance-----Impugned and decree were set aside and suit was dismissed-----Amount of earnest money which had been received by the defendant was ordered to be returned with double rate as agreed by the parties in the Trial Court within one month-----Appeal was allowed in circumstances. Adil Tiwana and others v. Shaukat Ullah Bangash 2015 SCMR 828; Muhammad Hussain and others v. Dr. Zahoor Alam 2010 SCMR 286 and Muhammad Iqbal v. Mehboob Alam 2015 SCMR 21 rel. THIS JUDGMENT DELIVERED BY: MOHSIN AKHTAR KAYANI, JUSTICE:----------- Through this Regular First Appeal, appellant has challenged the judgment and decree dated 08.02.2013, passed by the Civil Judge, 1st Class (West), Islamabad whereby the suit for specific performance of agreement and permanent injunction filed by Respondent No. 1 was decreed by the Court. 2. Brief facts narrated in appeal are that Respondent No. 1 filed suit for specific performance of agreement dated 23.07.2003 against the present appellant before the Civil Court at Islamabad wherein Respondent No.1 claimed that he entered into agreement to sell regarding House No. 251, Street No. 33, G-10/1, Islamabad on 23.07.2003 against the total Sale Consideration of Rs.4,400,000/- out of which Rs. 1,000,000/- was paid through Pay Order and Rs.500,000/- was paid in cash, the remaining amount of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492