Law: Specific Relief Act, 1877

Section: 22

Law: Contract, Act, 1872

Section: 2(a),2(b),2(c),2(e)

Specific Relief Act, 1877 (I of 1877)-- ----S. 22--Contract Act, (IV of 1872), S. 2(a), 2(b), 2 (c) 2 (e)--Suit for Specific performance agreement to sell--Consideration amount was not paid--Concurrently dismissed--Challenge to--Plaintiffs in suit for specific performance have relied upon a document in writing, which was prayed for to be treated as an agreement to sell and since existence of such document was specifically denied by defendants, it was incumbent upon plaintiff to prove its valid execution within requirements of applicable laws--To grant a decree in a suit for specific performance is discretionary and even if agreement is proved, courts are not bound to pass a decree for specific performance keeping in view parameters laid down in Section 22 of Specific Relief Act, 1877--Both courts below have rightly appreciated evidence available on record in its true perspective and have rightly proceeded to dismiss suit of appellantvide impugned s and decrees dated 05.12.2012 and 09.03.2017--RSA was dismissed. ORDER The suit for specific performance of agreement to sell alongwith permanent injunction filed by the present appellant was concurrently dismissed by the courts below vide impugned judgments and decrees dated 05.12.2012 and 09.03.2017. 2. The agreement to sell (Exh.P-2) was written on stamp papers and it was established on record that Tahir Mehmood Khatana, who was the stamp vendor, was having no valid license of stamp vending at the time, when the relevant stamp papers were shown to have been purchased. PW-1 Syed TanvirUrfi, Head Clerk of the office of D.O.R. has brought the register of stamp vending, who deposed that entry in the said register did not show the purpose of issuance of stamp paper and it also did not contain the signature of stamp vendor. The part of consideration amount in the shape of earnest money was never paid to the relevant hands, rather admittedly it was stated to have been paid to one Malik Nasir Mehmood, who has no direct nexus with the deal stated to have been arrived at through agreement Exh.P-2. Even otherwise, saidMalik Nasir Mehmood was not produced by the plaintiff in support of his contention. PW-2 Muhammad Bashir…

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