Law: Specific Relief Act, 1877

Section: 12,21

Law: Civil Procedure Code (V of 1908)

Section: 1

(a) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of an agreement to sell immoveable property---Agreement to sell---Proof---For the grant of a decree (of specific performance) plaintiff has to not only prove the agreement to sell by producing two marginal witnesses but also the receipt/proof of payment of the consideration amount (averred to be paid)---When the evidence of payment of earnest money/partial consideration amount is in oral form which is in contradiction to the sale agreement, it should be pleaded so, and it must be proved through strong and consistent with the other documentary evidence on record---Where the execution of the document has categorically been denied by the vendors then it is obligatory upon the plaintiff party to seek the signatures/thumb impression---When the evidence brought forward by a party to prove the execution of the document (agreement to sell) is contradictory or paradoxical to the claim lodged in the suit, or is inadmissible, such evidence would have no legal sanctity or weightage. Khudadad v. Syed Ghazanfar Ali Shah 2022 SCMR 933 ref. (b) Specific Relief Act (I of 1877)--- ----Ss. 12, 21---Suit for specific performance of an agreement to sell immoveable property---Agreement to sell---Property mentioned in agreement not specific---Effect---When the property is not specific no decree can be passed in the light of section 21 of the Specific Relief Act, 1877---Court will refuse to specifically enforce a contract where it suffers from uncertainty. Hari Saindino Khan and another v. Mst. Zaibunnissa through Legal Heirs and another 1991 SCMR 972 ref. (c) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of an agreement to sell immoveable property---Discretionary relief---For the grant of a decree for specific performance on the basis of an agreement to sell it is a discretionary relief and the Court, for just and equitable reasons, can withhold thee same even if the agreement is proved. (d) Civil Procedure Code (V of 1908)--- ----O. VI, R. 1---Pleadings---Scope---Secundum allegata et probate, rule of---Case pleaded by a party in the pleadings binds the party to accept that…

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