Law: Specific Relief Act, 1877

Section: 9,12

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 9 & 12--Suit for specific performance and possession--Decreed--Appeal--Allowed--Sale agreement--Earnest money was paid-- One installment was paid out of two installments--Breach of commitment--Bar to specific performance--Obligation of appellant--Challenge to--To succeed in his suit for specific performance, plaintiff had to prove: (a) that Defendant No. 1 committed breach of agreements; and (b) that he was always ready and willing to perform his part of obligations in terms of agreements--Plaintiff was under burden to adduce evidence to show availability of funds to make such payment in time, or if he did not have sufficient funds to meet his obligation, he had to prove how funds would be available to him--No such evidence was brought on record by plaintiff--Therefore, even assuming that Defendant No. 1 had committed breach, since plaintiff had failed to prove that he was always ready and willing to perform essential terms of agreements which were required to be performed by him, there was a bar to specific performance in his favour--Remedy by way of specific performance is equitable and it is not obligatory on Court to grant such a relief merely because it is lawful to do so--Appeal dismissed. As per Mr. Justice Munib Akhtar Specific Relief Act, 1877 (I of 1877)-- ----Ss. 9 & 12--Essence of contract--Rule of ready, able and willing on past of plaintiff--Deposit of balance amount--Fulfillment of requirement--It has been held by High Court that time was of essence of contract between parties--I am unable to agree--It is well settled that in respect of sale of immovable property time is not of essence of contract unless parties so provide, either expressly or by necessary implication--Time can be made of essence after contract is made--There were defaults and delays on both sides and those on part of defendant (the present respondent) could not be regarded as inconsequential or trivial--Therefore, to insist on applying rule of being ready, able and willing on plaintiff without looking to conduct and position of defendant would be one-sided and unilateral, and hence inequitable--By time suit came to be filed…

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