Law: Specific Relief Act, 1877

Section: 12,22

Specific Relief Act (I of 1877)--- ----Ss.12 & 22---Specific performance of agreement to sell---Discretionary relief--- Consideration amount, non-deposit of---Effect---Plaintiff sought specific performance of agreement to sell executed by defendant who had received earnest money---Trial Court dismissed the suit on the ground that plaintiff failed to deposit balance consideration amount during the time fixed by Court---Validity---When the time fixed in sale agreement had approached, plaintiff should have been ready and had shown his bona fide by depositing total sale consideration in Court to demonstrate his readiness for performance of sale agreement---Plaintiff issued legal notice at his own on 24-4-2007 for performance of sale agreement that too with certain conditions in respect of which he was required to issue that notice in August, 2005--- Plaintiff first time intimated his intention with some excuses in April, 2007 after about two years of the date of his obligation---Defendant vigilantly issued legal notice in September, 2005 i.e. the same year in which sale agreement was executed---Defendant demanded performance of agreement but it was plaintiff who put forth conditions in his belated response dated 18-1-2006 and in further belated legal notice dated 24-4-2007---Inference against plaintiff was that he was not willing all along to deposit sale consideration---Ample discretion lay with Court to deny relief to a purchaser of an immovable property keeping in view circumstances of each case as he could not claim specific performance of a contract as a matter of right even where it was lawful to do so---High Court directed defendant to return earnest money along with interest / markup at Bank rate calculated from February, 2005 till the date of payment in two equal installments within a period of six months--- High Court modified and decree passed by Trial Court--- Appeal was dismissed accordingly. Hamood Mehmood v. Mst.Shabana Ishaque 2017 SCMR 2022; Sheikh Akhtar Aziz v. Mst. Shabnum Begum 2019 SCMR 524; Kuwait National Real Estate Company Pvt. Ltd. v. Educational Excellence Ltd. 2020 SCMR 171; Muhammad Wahid v. Nasrullah 2016 SCMR 179; Adil Tiwana v.…

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