Law: Specific Relief Act, 1877

Section: 12,22

Law: Specific Relief Act, 1877

Section: 12,22

Law: Contract Act, 1872

Section: 55

(a) Specific Relief Act (I of 1877)-------S. 12---Contract Act (IX of 1872), S.55---Suit for specific performance of agreement to sell---Time as essence of contract or not---Scope---Time would not be essence of contract in absence of any clause therein providing penalty for its non-performance by vendee---Illustration. Abdul Hamid v. Abbas Bhai-Abdul Hussain Sodawaterwala PLD 1962 SC 1; Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344; Mst. Gulshan Hamid v. Kh. Abdul Rehman and others 2010 SCMR 334; Muhammad Taj v. Arshad Mehmood and 3 others 2009 SCMR 114; Attaullah alias Qasim v. The State PLD 2006 Kar. 206; Sandoz Limited and another v. Federation of Pakistan and others 1995 SCMR 1431; Fmt. Chand Rani (dead) by L.R. v. Fmt. Kamal Rani (dead) by L.Rs. AIR 1993 SC 1742; Messrs Imperial Builders through Managing Partner and another v. LINES (Pvt.) Ltd. through Chief Executive and 3 others PLD 2006 Kar. 593; Mst. Batul and others v. Mst. Razia Fazal and others 2005 SCMR 544 and Mst. Mehmooda Begum v. Syed Hassan Sajjad and 2 others PLD 2010 SC 952 ref. (b) Contract Act (IX of 1872)--- ----S. 55---Immovable property, agreement relating to---Time as easence of contract---Determining factors stated. Normally in cases other than commercial contracts that is to say in contracts relating to immovable property, even when a specific date is mentioned for performance of the contract, time is not reckoned to be of the essence of the contract. In determining whether time is of the essence of the contract or not, the intention of the parties in this behalf has to be gathered from the contents of the contract itself and the attending circumstances. Abdul Hamid v. Abbas Bhai-Abdul Hussain Sodawaterwala PLD 1962 SC 1 and Seth Essa Boy v. Saboor Ahmad PLD 1973 SC 39 rel. (c) Administration of justice--- ----Courts can and do take notice of subsequent events. (d) Specific Relief Act (I of 1877)--- ----S. 22---Specific performance of contract, relief of---Discretion of Court---Scope---Court in order to grant such relief would have to exercise its discretion in accordance with settled and fixed principles of law---Party seeking equity must have to do equity…

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