Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 151

Law: Contract Act, 1872

Section: 73,74

(a) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell immoveable property---Requirements---Deposit of balance amount---Object and purpose of direction to deposit balance sale price in Court---Scope---Object and purpose of giving directions to deposit balance sale price in Court was to test bona fides, readiness and willingness of plaintiff besides tentatively assessing his financial ability --- Readiness and willingness of a party to purchase a property was directly linked with such party's financial soundness ---- Terms "ready" and ""willing" to complete sale could not be claimed by a party merely by stating so, but should be demonstrated through tangible evidence, inter alia, by depositing the balance in Court --- Merely furnishing documents of some other immoveable property which belonged to some other person could not be accepted as compliance of order of the Court to deposit balance amount ---Mandatory in a suit for specific performance of agreement to sell immoveable property that the plaintiff / buyer deposit the balance amount in court otherwise non-compliance of such direction to deposit amount, would result in dismissal of the suit. Adil Tiwana and others v. Shaukat Ullah Khan Bangash 2015 SCMR 828; Sardar Ali Shah and others v. Ghufran Ullah and others 2011 CLC 1787; Muhammad Shoaib v. Jamila Khatoon 2015 YLR 1213 distinguished. Hamood Mehmood's case 2017 SCMR 2022 rel. (b) Contract Act (IX of 1872) ----Ss. 73 & 74 --- Specific Relief Act (I of 1877), S. 12---Breach of contract---Consequences --- Compensation for loss or damage caused by breach of contract --- Compensation for breach of contract where penalty was stipulated for---Contract for sale of immoveable property---Earnest money, forfeiture of Discretion of Trial Court ---- Scope--- Advance or earnest money could be forfeited if a purchaser backtracked from his / her contractual commitments --- Parties may determine expected losses and agree for an amount to be paid in breach of contract and earnest money was part of purchase price when transaction went forward, and same was forfeited when a transaction fell though by reason of fault and failure…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492