Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 12---Contract Act (IX of 1872), S. 55---Suit for specific performance---Time as essence of contract---Scope---Contention of plaintiffs was that they had deposited the remaining sale price in the Bank by fulfilling the terms and conditions of sale deed---Suit was dismissed by the Trial Court---Validity---Plaintiffs were bound to produce the concerned Bank manager or officer in support of their version---No Bank manager/officer was produced in the Trial Court and only Bank statement was exhibited which was not helpful for the plaintiffs---Where stipulations with regard to payment of balance sale consideration and consequences of its default were incorporated in the agreement and accepted by the parties with their free will then parties had made their intention that time was essence of agreement---Plaintiffs had failed to abide by the stipulation with regard to payment of balance sale consideration within specified time and to prove execution of sale deed as well as payment of balance sale price---Court below had duly attended the evidence of the parties in its true perspective and had reached to a correct conclusion---No mis-reading or non-reading of evidence had been pointed out in the impugned and decree passed by the Trial Court---Appeal was dismissed in circum-stances. Abdul Hamid v. Abbas Bhai-Abdul Hussain Sodawaterwala PLD 1962 SC 1; Seth Essabhoy v. Saboor Ahmad PLD 1972 SC 39; Mohabbat v. Asadullah Khan and others PLD 1989 SC 112; Mst. Malkani v. Mst. Bakhat Begum and 13 others 2004 SCMR 1591; Rehmat Ali Ismailia v. Khalid Mehmood 2004 SCMR 361; Sher Khan and others v. Ghulam Qadir and others 2006 SCMR 659; Muhammad Hussain and others v. Dr. Zahoor Alam 2010 SCMR 286; Syed Sharif ul Hassan through L.Rs. v. Hafiz Muhammad Amin and others 2012 SCMR 1258 and Syed Hussain Naqvi and others v. Mst. Begum Zakara Chatha through L.Rs. and others 2015 SCMR 1081 ref. Hafeez Ahmad v. Sain and others 2003 SCMR 1185; Muhammad Yousaf v. Mst. Maqsooda Anjum and others 2004 SCMR 1049; Mst. Saadat Sultan and others v. Muhammad Zahur Khan and others 2006 SCMR 193; Mustafa Kamal and others v. Daud Khan and others 2009 SCMR 221;…