Law: Specific Relief Act, 1877

Section: 12,24(b)

Law: Transfer of Property Act, 1882

Section: 54

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: 3

(a) Specific Relief Act (I of 1877)--- ----Ss. 12 24(b)---Transfer of Property Act (IV of 1882), S. 54---Suit for specific performance of agreement to sell immoveable property---Balance sale consideration---Deposit in court---Powers of Trial Court---Scope---Upon filing of a suit seeking specific performance of an agreement in respect of an immovable property, there was no provision in the Specific Relief Act, 1877 which cast any duty on the Court or required the vendee to first deposit the balance sale consideration---However, since the law of specific relief was based on the principles of equity and further that the relief of specific performance was discretionary and could not be claimed as a matter of right, therefore, the Court in order to ensure the bona fide of the vendee at any stage of the proceedings may put him to terms---In order to weigh the capacity of the vendee to perform and his intention to purchase, the Court may direct the vendee to deposit the balance sale consideration---Readiness and willingness on the part of the vendee to perform his part of obligation also prima-facie demonstrated that the non-completion of the contract was not the fault of the vendee and the contract would have been completed, if it had not been renounced by the vendor. Abdul Hamid v. Abbas Bhai Abdul Hussain PLD 1959 (W.F.) Kar. 629 ref. (b) Constitution of Pakistan--- ----Art. 185(3)---Order of the Supreme Court granting/refusing leave---Such order was not a which decided a question of law and therefore, it should not be followed necessarily and imperatively. Haji Farmanullah v. Latifur Rehman 2015 SCMR 1708; Rana Tanveer Khan v. Naseeruddin and others 2015 SCMR 1401; Muhammad Tariq Badar and others v. National Bank of Pakistan and others 2013 SCMR 314 and Khairullah v. Sultan Muhammad 1997 SCMR 906 ref. (c) Specific Relief Act (I of 1877)--- ----Ss. 12 24(b)---Civil Procedure Code (V of 1908), O. XVII, R. 3---Transfer of Property Act (IV of 1882), S. 54---Suit for specific performance of agreement to sell immoveable property filed by vendee---Balance sale consideration---Trial Court directing vendee to deposit balance sale consideration in court without providing…

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