Law: Specific Relief Act, 1877

Section: 12,22,42&54

Specific Relief Act (I of 1877)----Ss. 12, 22, 42 54---Specific performance of agreement, refusal of---Discretion, exercise of---Principle---Suit for specific performance, declaration and injunction was filed by respondent-plaintiff regarding purchase of suit property---Suit was decreed by Single Judge of High Court in favour of respondent-plaintiff---Validity---Court had discretion to decline specific performance of agreement even in absence of an obvious impediment in such behalf despite the fact that agreement possessed all necessary particulars entailing specific performance of contract---Specific performance was an equitable relief which could lawfully be declined if Court would come to the conclusion that it was unjust and inequitable to do so---For determining where relief of specific performance was to be granted, circumstances under which the contract was executed and the conduct of parties at that time and thereafter was to be taken into consideration-plaintiff failed to make out a case for specific performance of contract as he was not entitled for such relief---Division Bench of High Court set aside and decree passed by Single Judge of High Court as the same suffered from material illegalities--- Division Bench of High Court directed Court office to refund the amount deposited by respondent-plaintiff---Intra Court Appeal was allowed, in circumstances. Ghulam Nabi v. Muhammad Yaqoob PLD 1983 SC 344; Arif Shah v. Abdul Hakeem Qureshi PLD 1991 SC 905; Mussarat Shaukat Ali v. Safia Khatoon 1994 SCMR 2189 and Liaqat Ali Khan v. Falak Sher PLD 2014 SC 506 rel. JUDGMENT: MRS. RASHIDA ASAD, JUSTICE:---.--- This High Court Appeal arises from a judgment dated 06 September 2018, passed by the learned Single judge of this Court, whereby a suit for specific performance filed by the respondent, the original plaintiff, was decreed to the extent of prayer clauses (A) (B) of the plaint and partly in respect of prayer clause (c). The relief (s) sought in the-suit is as under:- a) To declare that the plaintiff has executed agreement for the purchase of property/suit land under formal agreement and as a token paid Rs. 1050,000 /- to the plaintiff whereby the defendant…

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