Law: Specific Relief Act, 1877

Section: 12,22,42

Law: Contract, Act, 1872

Section: 51,55

Law: Limitation Act, 1908

Section: 113

(a) Specific Relief Act (I of 1877)--- ----Ss. 12, 22 42---Contract Act (IX of 1872), Ss. 51 55---Limitation Act (IX of 1908), Art. 113---Suit for specific performance and damages---Limitation---Reciprocal performance---Time as essence of contract---Plaintiff was aggrieved of failure by defendants to fulfill their part of contractual obligation and perform sale agreement of suit property assailed failure on grounds that balance amount was not paid and agreement stood cancelled and amount forfeited---Validity---Suit was filed within limitation period and a substantial amount was already lying with defendants---Balance amount was deposited with court thus suit was maintainable---Payment of full sale price was dependent on clearing of dues towards property tax and utility bills---Reciprocal promises required to be performed by both plaintiff as vendee and defendant as vendor according to S. 51 of Contract Act, 1872---Onus was on plaintiff to prove his claim of damages and compensation---No positive and convincing evidence was led in support of pleading of plaintiff that he had already made initial investment for starting his business---Suit was to be decreed to extent of specific performance, therefore, awarding damages in such circumstances was not necessary---Suit was decreed accordingly. Muhammad Iqbal v. Mehboob Alam 2015 SCMR 21; Messrs Tee Jays Exclusive (Pvt.) Ltd. through Managing Director and another v. Muhammad Naveed PLD 2017 Sindh 88; Gul Rasheed Khan and 3 others v. Israr Khan and 3 others 2016 YLR 1229; Noor Muhammad v. Fazal Mahmood and others 2009 YLR 2359; Fazalur Rehman through Legal Heirs and others v. Mst. Batul and others 1997 MLD 880; Kaniz Fatima and another v. Sh. Muhammad Sohail and 7 others 2003 CLC 923; U Tha Nyo and another v. M. M. R. M. Chettyar Firm and another AIR 1938 Rangoon 367; Nazir Ahmad and another v. M. Muzaffar Hussain 2008 SCMR 1639; Abbas Ali v. Liaqat Ali and another 2013 SCMR 1600; Hafiz Tassaduq Hussain v. Muhammad Din through Legal Heirs and others PLD 2011 SC 241; Bilal Hussain Shah and another v. Dilawar Shah PLD 2018 SC 698; Farzand Ali and another v. Khuda Bakhsh and others PLD 2015 SC 187; Muhammad Abdur Rehman…

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