Law: Specific Relief Act, 1877

Section: 12

Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell---Balance consideration amount, non-deposit of---Token money, return of---Plaintiff entered into oral agreement with defendant to sell her plot in question for which he had paid token money of Rs.200,000/---Plaintiff instead of payment of balance consideration amount, filed suit---Trial Court decreed the suit in favour of plaintiff---Validity---After filing of suit for specific performance, plaintiff did not apply to Trial Court for deposit of remaining sale consideration, therefore, suit could not have been decreed in favour of plaintiff---Defendant submitted application to the Housing Foundation for transfer of suit property in favour of plaintiff, wherein it was acknowledged by her that she had received an amount of Rs.200,000/- as token money---Defendant did not issue any notice to plaintiff requiring him to come up with remaining sale consideration in order to complete sale transaction---No notice on record from defendant warning plaintiff that in the event the latter did not complete the transaction by paying remaining sale consideration, token money would be forfeited by her---In absence of such notice, defendant was not justified to retain amount of Rs.200,000/- paid to her as token money---Plaintiff was bound to return the amount along with markup---High Court set aside and decree passed by Trial Court in favour of plaintiff---Appeal was allowed, in circumstances. Hamood Mehmood v. Mst. Shabana Ishaq 2017 SCMR 2022 rel. EJUDGMENT MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant regular first appeal, the appellant (Mst. Murshida Khatoon), impugns the judgment and decree dated 05.10.2013, passed by the Court of the learned Civil Judge, Islamabad, whereby the suit for specific performance of the agreement to sell and permanent injunction instituted by respondent No.1 (Ch. Abdul Rehman Sahi) against the appellant, was decreed subject to the payment of the remaining sale consideration. 2. The facts essential for the disposal of the instant appeal are that on 25.06.2007, the appellant and respondent No.1 entered into an oral agreement, whereby the…

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