Law: Specific Relief Act, 1877

Section: 22,12

Law: Contract, Act, 1872

Section: 52,51

Law: Transfer of Property Act, 1882

Section: 54

(a) Specific Relief Act (I of 1877)--- ----S. 22---Discretion as to decreeing specific performance---Scope---Specific performance was a discretionary relief, and the Courts were not bound to grant such relief mechanically merely, because it was lawful to do so---Discretion to grant relief of specific performance or otherwise, by the Court was not something mechanical or arbitrary exercise of jurisdiction but, was structured on sound and reasonable judicial principles, amenable to judicial review and correction by the court of appeal. (b) Contract Act (IX of 1872)--- ----S. 52---Performance of reciprocal obligations---Scope---Reciprocal obligations under the agreement were to be performed, in the manner and sequence it was provided for---Where the agreement did not expressly provide the manner by which such obligations were to be accomplished, then the respective obligations were to be performed in the manner and sequence, which the nature of transaction required. (c) Transfer of Property Act (IV of 1882)--- ----S. 54---Specific Relief Act (I of 1877), S. 12---Contract Act (IX of 1872), S. 51---Specific performance of agreement to sell immoveable property---Obligations of vendor and vendee---Foremost requirement to seek specific performance, for a vendee was to demonstrate his readiness and willingness to perform the agreement---Promisor (vendor) need not perform his part of promise or obligation, unless the promisee (i.e vendee) was ready and willing to perform his reciprocal promise---In cases arising out of agreement to sell, a vendee to demonstrate his readiness and willingness to perform his part of obligation, had to plead, that he had offered to pay, and was always prepared to pay the consideration---Vendee could not seek enforcement of reciprocal obligation on the part of vendor to execute the sale deed, unless he demonstrated that he not only had the financial capacity but he was also always willing and ready to meet the same. Mst. Samina Riffat v. Rohail Asghar and others 2021 SCMR 7; Abdul Hamid v. Abbas Bhai Abdul Hussain PLD 1959 (W.P.) Karachi 629; Hamood Mahmood v. Shabana Ishaq 2017 SCMR 2023; Kwait National Real Estate Co. (Pvt.) Ltd. v.…

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