Law:

Section:

Specific Relief Act (I of 1877)--- ---S. 12---Suit for specific performance of contract---Failure of plaintiff to deposit balance sale consideration---Effect---Plaintiff was directed to deposit balance sale consideration in the court but he failed---Plaintiff had made averments in the plaint that he was ready to pay balance sale consideration to the defendant---Plaintiff had failed to deposit the requisite amount with the Nazir of the Court which had falsified/belied his averments made on oath---Plaintiff seeking equitable relief of specific performance of contract was bound to be ready and willing throughout the proceedings to perform his part of contract---Plaintiff being not serious to perform his agreed part of contract, thus disentitled himself to have a decree in his favour for specific performance---No decree for specific performance of contract could be passed in favour of plaintiff which was discretionary and equitable in nature---Suit was dismissed in circumstances. Haji Abdul Hameed Khan v. Ghulam Rabbani 2003 SCMR 953 and Syed Muhammad Waqar-ud-Din v. Owais Ahmed Idress 2015 MLD 49 rel. THIS JUDGMENT DELIVERED BY: AZIZ-UR-RAHMAN, J.--- The above suit has been filed by the Plaintiff on 17.6.2013 for specific performance of contract dated 28.05.2013 and permanent injunction against Defendants with the following prayers :- a. To direct the Defendant No.1 to transfer the suit property i.e. plots bearing No.171/I and No.171/II, admeasuring 1000 sq.yds each situated at 22nd Street, Phase VIII, Defence Officers Housing Authority, Karachi in accordance with the terms and conditions of the sale agreement dated 28.5.2013 by receiving the balance sale consideration of Rs.13700000/- from the Plaintiff and in case of his failure the Nazir of this Hon'ble Court may be directed to receive the above mentioned balance sale consideration from the Plaintiff and to get the suit property transferred in favour of the Plaintiff accordingly. b. To permanently restrain the Defendants, their agents, attorneys, officers, legal heirs, managers, or anyone else working on their behalf from creating third party interest and alienating the suit property. c. To award any other…

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