Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 23---Contract Act (IX of 1872), S. 45---Agreement to sell---Co-vendees---Specific performance of an agreement to sell at the instance of some (and not all) of the co-vendees/joint-promisees---Principles---Vendees jointly filed suit for specific performance of agreement to sell---Some of the co-vendees, who were non-signatory to the agreement to sell, compromised with the vendor---Whether agreement to sell would stand frustrated by such compromise---Perusal of S. 23 of the Specific Relief Act, 1877 made it manifest that any one out of several joint-promisees could sue for specific performance of the agreement---However, a plaintiff joint-promisee must make the disinterested promisees as defendants in the suit---To enforce an agreement to sell against the promisor a plaintiff/joint-promisee must establish his readiness and willingness to perform the entire bargain agreed in the contract---Unless expressly agreed otherwise in the contract, the non-cooperation or opposition of other joint-promisees for the enforcement of the contract could not prejudice enforceability of the contract between the parties so long as its terms were fully performed---Accordingly, the agreement to sell would not stand frustrated by the opposition of the non-signatory and disinterested co-vendees---Petition for leave to appeal to Supreme Court was dismissed accordingly. Jaffar Khan v. Muhammad Achar PLD 1961 Kar. 335; Ziaulkhalique v. Tanveer Ismail 1989 MLD 3940; Sher Muhammad v. Ali Muhammad 1986 MLD 597 and Muhammad Ishaq v. Sufia Begum 1992 SCMR 1629 ref. (b) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell---Financial ability of vendee to pay balance consideration---Request by the plaintiff/vendee for time to deposit the requisite amount of Court fee---Contention was that such a request by the plaintiff/vendee was proof of the vendee's inability to arrange funds for meeting their financial obligations under the agreement to sell---Validity---Such contention was misconceived---Grant of time requested in the plaint was of a procedural nature available under the law for fulfilling the…

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