Law: Specific Relief Act, 1877

Section: 12

Specific Relief Act (I of 1877)--- ----S.12---Specific performance of agreement to sell---Balance consideration amount, non-deposit of---Principle---Petitioner-plaintiff sought specific performance of agreement to sell executed by respondent-defendant who had onward sold the property to a third person---Lower Appellate Court directed petitioner-plaintiff to deposit balance consideration amount in Court---Validity---No justification existed to bound down petitioner-plaintiff to deposit a massive sale amount, who purportedly had already paid healthy amount but was out of picture to receive any benefit---Petitioner-plaintiff was yet to prove not only his own case but also to rebut stance of his vendor, besides to shatter claim of third party---Deposit of balance amount was not in aid of justice to either promote case of plaintiff nor even beneficial to other party who till the time was disputing settlement of sale and vendee could not be forced in such behalf---High Court set aside the order passed by Lower Appellate Court directing petitioner-plaintiff to deposit remaining balance consideration---Constitutional petition was allowed, in circumstances. Messrs Kuwait National Real Estate Company (Pvt.) Ltd. and others v. Messrs Educational Excellence Ltd. and another 2020 SCMR 171 distinguished. Maksud Ali and others v. Eskandar Ali PLD 1964 SC 381 ref. JUDGMENT CH. MUHAMMAD MASOOD JAHANGIR, J.---In concision, facts of the case are that present petitioner brought suit for specific performance of agreement to sell dated 06.02.2018 along with possession as well as permanent injunction against respondent No.1/defendant asserting that subject area vested to latter, who settled bargain against consideration of Rs.3,20,00,000/- and after receipt of Rs.80,00,000/-, aforesaid agreement to sell executed. The suit was also accompanied by independent application for grant of temporary injunction, which was declined on 03.11.2018. The application under Order I, Rule 10 of the Code, 1908 tabled by the petitioner for impleadment of subsequent ostensible vendee dismissed as well and simultaneously keeping in view the dicta laid down in 'Messrs Kuwait National Real Estate Company…

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