Law: Specific Relief Act, 1877

Section: 12

Specific Relief Act, 1877 (I of 1877)------S. 12--Sale agreement--Earnest money was paid--Denial of receiving of earnest money--Suit specific performance--Decreed--Execution of sale agreement was admitted by appellant--Onus to prove--Documents in questions are admitted along with signatures and thumb impressions of appellant--The onus to prove non-payment of earnest money subsequent to admission of execution shifted on petitioner who could not rebut--non-payment of earnest money--Counsel for appellant could not point out any substantial error and or any illegality, infirmity or jurisdictional error in impugned judgments and decrees passed by Courts below--Appeal dismissed.2021 SCMR 415 and 1995 SCMR 466 ref.JudgmentThis Regular Second Appeal relates to property bearing No. 54/52 measuring 5-Marla and 2-5. Khewat No. 216, Khatooni No. 221, situated in Mohallah Muslamabad, Sahiwal and out of which 47/94 share i.e., 2 and 1/2 Marla is in dispute (hereinafter referred as “the suit property”), in respect of which suit for specific performance instituted by the respondents against the appellant was decreed by the learned Trial Court and the appeal filed by the appellant was also dismissed.2. Briefly stated facts of the case are that the appellant, namely, Inam Ullah Khan Nami was owner of the suit property against whom the respondents instituted a suit for specific performance of contract on the basis of an agreement to sell dated 24.02.2004 (Ex.P1) (hereinafter referred to as “the Agreement”) with the averments that predecessor-in-interest of the respondents and the petitioner along with petitioner’s brother, namely, Malik Habib Ullah and one Abbas Akbar Chishti entered into the agreement, for a total sale price of Rs. 1,400,000/- claiming that an amount of Rs. 200,000 was paid in cash as earnest money. at the time of execution of the Agreement and rest of the amount i.e. Rs 1,200,000/- was to be paid till 30.04.2004. Malik Habib Ullah along with Abbas Akbar Chishti honored the agreement and transferred their shares in total property in favour of predecessor-in-interest of the respondents but the appellant refused to do so, which constrained…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492