Law: Specific Relief Act, 1877

Section: 12,22

Law: Civil Procedure Code (V of 1908)

Section: O.XVII,R.1(3)

Specific Relief Act (I of 1877)--- ----Ss. 12 & 22---Civil Procedure Code (V of 1908), O. XVII, R. 1 (3)---Suit for specific performance of contract---Discretionary relief---Scope---Trial Court dismissed the suit due to non-payment of remaining sale price by the plaintiff according to its order---Validity---Relief for specific performance was a discretionary relief---Circumstances of the case and conduct of the parties in a suit for specific performance were very much relevant---Parties must ready to perform their part of agreement at the time of agreement, at the time of filing of suit and at the time of decree passed in the suit---Remaining payment was not made by the plaintiff till the last date fixed in the agreement to sell---Defendant made a statement that if remaining sale price is paid within a period of 10 days then he had no objection in passing of decree in favour of plaintiff but plaintiff failed to pay the same---Plaintiff did not make effort to get executed the sale deed by making payment to the defendant---Discretion would lie with the Trial Court to see whether any party was entitled for the decree of specific performance on the basis of equity or for any fault on his part---Plaintiff had delayed the proceedings of suit and he was never willing to pay the remaining consideration amount despite the conceding statement of defendant---Plaintiff intentionally avoided to pay the remaining sale price which was required for the progress of the case and he failed to comply with the order of Trial Court----Co-owners of the property in question also appeared and got recorded their statements that they had no objection in transferring the same if remaining amount was paid---Equity as well as fairness would lie in favour of defendant and not with the plaintiff---Trial Court had rightly dismissed the suit as plaintiff could not claim the performance of agreement to sell as of right---No illegality or infirmity had been pointed out in the impugned and decree passed by the Trial Court---Appeal was dismissed in circumstances. Mst. Tabassum Shaheen v. Mst. Uzma Rahat and others 2012 SCMR 983 ref. Muhammad Sharif and others v. Nabi Bakhsh and others 2012 SCMR…

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