Law: Specific Relief Act, 1877

Section: 12

(a) Specific Relief Act (I of 1877)--- ----S.12---Specific performance of agreement--- Scope---Such is a discretionary relief under Specific Relief Act, 1877---Even if agreement is proved, Court is not bound to decree the suit in the light of prayer but Court may consider other relevant factors brought before it while deciding fate of the case for specific performance. Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344 rel. (b) Specific Relief Act (I of 1877)--- ----S.12---Transfer of Property Act (IV of 1882), S.53-A---Specific performance of agreement to sell---Title over property---Part performance---Effect---Mere agreement to sell does not create any title and it cannot place any restriction on the rights of owner unless it is proved--- If person having agreement to sell proves its execution then provision of S.53-A of Transfer of Property Act, 1882, protects his rights, otherwise mere on the basis of agreement to sell right to enjoy property by owner cannot be curtaild. Muhammad Younas and others v. Mst. Muhammad Bibi and others 2001 YLR 2789; Manzoor Hussain v. Muhammad Fazal and 8 others 2002 CLC 1165; Muhammad Ashraf v. Muslim Commercial Bank Limited and 2 others 2018 CLD 911 and Ali Akbar v. Muhammad Aslam Khan and 10 others 2008 CLC 145 rel. (c) Specific Relief Act (I of 1877)--- ----S.12---Suit for specific performance of agreement to sell---Agreement---Proof---Pre-conditions---Misreading and non-reading of evidence---Respondent/plaintiff sought specific performance of agreement to sell regarding suit property---Trial…

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