Law: Specific Relief Act, 1877

Section: 12,21(a)

Law: Civil Procedure Code (V of 1908)

Section: 100

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 12 21(a)--Civil Procedure Code, (V of 1908), S. 100--Suit for specific performance--Dismissed--Appeal--Allowed--Agreement to sell--Denial of execution of agreement--No number was mentioned on back side of stamp paper--Non producing of stamp vendor in evidence--Duty of plaintiff--Discretionary powers of Court--There is no number of stamp paper written on back side of stamp paper it means that stamp paper was neither obtained by appellant/defendant for purpose of selling of his land nor put any signatures on back side of stamp paper--Furthermore, stamp vendor has not produced by respondent/ plaintiff--If a contract agreement contains stipulation of adequate compensation, in case of non-performance whereof, performance of same can be refused by Court--Respondent/plaintiff himself while appearing as PW-2 failed to prove his possession over suit property as well as execution of alleged agreement to sell--When appellant/defendant while filing written statement denied execution of alleged agreement to sell it was duty of respondent/plaintiff to produce trustworthy affirmative evidence to prove valid execution of agreement well as payment of consideration amount but he failed to prove agreement as well as possession through evidence--Grant of decree for specific performance comes within discretionary power of Court which can even refuse to grant relief on basis of equities despite suitor has proved case--Respondent failed to prove agreement to sell (Exh.P-1) as he has not produced stamp vendor--Agreement to sell is barred under Section 21(a) of Specific Relief Act and is not enforceable under law, as such, impugned decree passed by appellate Court is based on mis-reading and non-reading of evidence as mentioned above, as such finding of appellate Court on Issue No. 1 is hereby reversed--Appeal was allowed. [Pp. 119, 120 121] A, B, C, D E PLD 2004 SC 860, 2019 SCMR 524 2010 SCMR 1630 ref. Specific Relief Act, 1877 (I of 1877)-- ----Ss. 12 21(a)--Civil Procedure Code, (V of 1908), S. 100--Suit for specific performance--Dismissed--Appeal--Allowed--Agreement to sell--Denial of execution…

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