Law: Specific Relief Act, 1877

Section: 12

(a) Specific Relief Act (I of 1877)--- ----S. 12---Specific performance, relief of---Scope and pre-requisites for claiming the relief of specific performance stated. The relief of specific performance of a contract is discretionary, however the said discretion cannot be exercised arbitrarily or unreasonably but can be invoked to promote fairness and equity. The person seeking specific performance has to put on show that he is geared up and fervent to perform his part of the contract, but the other side is circumventing or evading the execution of his obligations arising out of the contract. While deciding the suit for specific performance of a contract, the Court has to consider and come to a decision regarding whether the plaintiff is ready and willing to perform his part of the contract, which is in fact substantiated by dint of the conduct or demeanor of the plaintiff before and after instituting the lawsuit. The equitable remedy rests on the discretion which is obviously exercised according to the well-established standards and philosophy of law and not whimsically or capriciously. Muhammad Jamil and others v. Muhammad Arif 2021 SCMR 1108 ref. (b) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance---Agreement to sell---Deposit of balance sale consideration in court---Rational for requiring the vendee to deposit balance sale consideration in Court explained. The fundamental insightfulness of the Courts in directing the plaintiff in a suit for specific performance to deposit the sale consideration in Court in fact articulates that the vendee has the capacity to pay the sale consideration or balance sale consideration and is ready and willing to perform his obligations arising from the contract. An incessant readiness and willingness is a condition precedent for claiming relief of specific performance, which in unison also conveys the state of mind of the vendee, his capability to pay, keenness and commitment. Messrs Kuwait National Real Estate Company (Pvt.) Ltd. and others v. Messrs Educational Excellence Ltd. and another 2020 SCMR 171; Muhammad Jamil and others v. Muhammad Arif 2021 SCMR 1108; Hamood Mehmood v. Mst. Shabana Ishaque…

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