Law: Specific Relief Act, 1877

Section: 12,39,42,54

(a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Suit for specific performance of contract---Onus to prove---Principle---Burden lies upon plaintiff to prove existence of contract and his willingness to comply its obligations. (b) Specific Relief Act (I of 1877)--- ----Ss. 12, 39, 42 & 54---Law Reforms Ordinance (XII of 1972), S. 3---Suit for specific performance of contract, declaration, cancellation, injunction and recovery of damages---Intra-court appeal---Balance sale consideration, non-depositing of---Effect---Plaintiff was directed by Single Judge of High Court to file balance sale consideration amount with court official but he failed to deposit the same, resultantly suit was dismissed---Validity---Single Judge of High Court had directed the plaintiff to deposit remaining sale consideration before court official but plaintiff failed to deposit the same in court even though suit remained pending for about 13 years---Suit was dismissed for non-prosecution and during that period suit property was sold out by way of a registered document---Such further transfer of suit property made the plaintiff disentitled for grant of discretionary relief of specific performance in his favour---Division Bench of High Court declined to interfere in the and decree passed by Single Judge of High Court and the suit was rightly dismissed---Intra-court appeal was dismissed in circumstances. THIS ORDER PASSED BY: MRS. ASHRAF JAHAN, JUSTICE:---.--- Appellant through instant High Court Appeal has assailed the Judgment and Decree dated 14.12.2017 and 30.12.2017 respectively, passed in Suit No.275 of 2004; whereby his suit was dismissed by learned Single Judge of this Court. 2. We have heard learned counsel for the Appellant, who contended that the Appellant executed a Sale Agreement at Karachi with Respondent No.1 on 11.03.1996 in respect of residential plot bearing House No.C-355, Block No.1, Gulistan-e-Jauhar, K.D.A. Scheme No.36, Karachi, measuring 600 Square Yards ("Subject Property"), for a sale consideration of Rs.600,000/-. At the time of execution of the Agreement an amount of Rs.75,000/- was paid in cash to the…

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