Law: Specific Relief Act, 1877

Section: 12,22

Law: Contract, Act, 1872

Section: 55

Specific Relief Act, 1877 (I of 1877)---S. 12--Suit for specific performance was decreed--Agreement to sell--Earnest money was paid--Non-performance of agreement by appellant--Suit property was mortgaged against multiple loans--Extension of time for payment--Appellant was failed to redumption of suit property--Challenge to--Appellant/defendant, who failed to get redeemed suit property inspite of receiving half of consideration amount, could not blame respondents/plaintiffs/vendees that they failed to abide by their commitment in terms of agreement to sell--On one hand appellant received millions of rupees from respondents-vendees in part performance of contract and on other hand retained possession of suit property which fact also stands proof of fact that appellant-defendant was not ready to perform her part of contract--It cannot be believed that respondents- vendees were financially so feeble that they were not able to clear balance amount of consideration--It is proved on record that plaintiffs/respondents/vendees were ready to pay remaining consideration amount and were also willing to perform their part of agreement which could not be performed due to reluctance of defendant-appellant--We have not seen any illegality, irregularity and mis-reading or non-reading of evidence on part of trial Court while passing impugned and decree--Findings of trial Court on question of facts and law having based upon proper appreciation of oral as well as documentary evidence produced in suit are not open to any interference--Appeal was dismissed. Contract Act, 1872 (IX of 1872)-----S. 55--Failure to performance of contract--Deals with effects of failure of a party to perform its part of contract where time is essence of contract and contracts where time is not essence of contract. Ref. PLD 2003 SC 430. Specific Relief Act, 1877 (I of 1877)-- ----S. 22--Grant of decree for specific performance-- A perusal of above-quoted provision shows that grant of decree for specific performance is discretionary in nature and such discretion should be justly exercised. Ref. 1994 SCMR 2189. Discretionary relief----It is relevant to note over here that discretionary relief cannot be…

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