Law: Specific Relief Act, 1877

Section: 12,22

Law: Civil Procedure Code (V of 1908)

Section: 96(3)

(a) Specific Relief Act (I of 1877)--- ----Ss. 12 22--- Discretion of court as to decreeing specific performance--- Scope--- Remedy of specific performance was discretionary and could not be claimed as of right by a party---Grant of specific performance was not mandatory and could be refused by a Court where the circumstances so required---Instead of mechanically granting the relief of specific performance to every party, Courts should examine the circumstances of each case to ascertain whether such relief was equitable on the facts. Mrs. Zaika Hussain v. Syed Farooq Hussain PLD 2020 SC 401 and Liaqat Khan v. Falak Sher PLD 2014 SC 506 ref. (b) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), S. 96(3)---Specific performance of agreement to sell immoveable property---Time period for payment of balance consideration---Vendee challenging consent decree of Trial Court on merits to gain further time for payment of balance consideration---Legality---Plaintiff-vendee was not interested in performing his obligations under the sale agreement as he failed to pay the balance consideration amount of Rs. 15.2 Million to the defendant-vendor by 12-5-2008 as recorded in the sale agreement---Plaintiff only filed a suit for specific performance on 9-3-2011 in response to the suit of rescission of contract filed by the defendant---Subsequently Trial Court issued a consent decree explicitly stating that the suit for specific performance filed by the plaintiff would stand dismissed if the balance consideration amount was not paid within 30 days from the date of ---Plaintiff challenged such consent decree on merits before the Appellate Court, with the intention to gain further time for the balance payment, which indicated that when he consented to the Trial Courts consent decree he was not ready and willing to perform his obligations thereunder---Besides the plaintiff had filed an appeal against a consent decree on its merits which was not permissible under S. 96(3) of the C.P.C.---Plaintiffs appeal was dismissed on 23.12.2016 by the Appellate Court which granted the plaintiff 15 days time to make the requisite deposit of balance payment, which…

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