Law:

Section:

(a) Specific Relief Act (I of 1877)---.--- ---.----Ss. 12 & 22---.-----Specific performance of agreement---.---Essentials---.---Cases in which specific performance enforceable---.---Discretion as to decreeing specific performance---.---Time as essence of agreement-Rules---.---Appeal filed by legal heirs of Attorney after his demise---.---Locus standi maintainability---.---Plaintiff filed suit for specific performance of agreement which was decreed by Trial Court, and appeal filed against and decree was dismissed---.--- Defendants contended that plaintiff was not entitled for specific performance of agreement as time was essence of the agreement and he had failed to perform his part of contract within stipulated time and that the agreement was not specifically enforceable in terms of Ss.12 & 22 of Specific Relief Act, 1877---.---Plea raised by plaintiff was that he could not perform his part of agreement within time due to defendant's failure to provide documents which were necessary for transfer of suit property---.---Validity---.---High Court observed that in relation to contracts of immovable property, time ordinarily was not of essence, but said rule was not absolute and it was always open to party, who claimed exception thereto, to establish otherwise from letter and spirit of agreement, from conduct of parties and attending circumstances---.---General rule with respect to immovable property was that time was not of the essence and it was only where there was intention to the contrary then the rule changes---.---No clause was found in the agreement according to which time was of the essence, but the agreement provided that if vendor/defendant failed to complete transaction and provide certain documents within prescribed time period then vendee/plaintiff would enforce the agreement through court of law---.---Agreement further provided that if vendee backed out then deal would stand cancelled and earnest money would be forfeited---.---Defendants could not raise the issue that time was essence of agreement as they had failed to provide the requisite documents for accomplishment of transaction---.---Court could refuse to pass order for specific…

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