Law: Specific Relief Act, 1877

Section: 12, 19, 42, 54

Specific Relief Act (I of 1877)-------Ss. 12, 19, 42 & 54---Suit for specific performance of agreement to sell, award of compensation, declaration and injunction---Plaintiffs were real daughters of defendant / mother who claimed to be owners of suit property on the basis of gift in their favour to the extent of 2/3rd share---Defendant / mother executed agreement to sell in favour of defendant / purchaser and received a sum of Rupees Six million as earnest money---Validity---Defendant / mother accepted a substantial amount of Rupees Six million as part payment towards sale price and never returned the same till the amount was deposited in Court---For almost seven years defendant / mother beneficially utilized the money---Defendant / purchaser despite a lacuna in claim for damages was entitled for monetary relief---By invoking S.19 of Specific Relief Act, 1877, if circumstances so permit, monetary compensation can be given while refusing specific performance to plaintiff---High Court declared defendant / purchaser entitled to be compensated---High Court directed the Court official to release the amount along with profits to defendant / purchaser---High Court directed plaintiffs and defendant / mother to pay a sum of Rupees Four million to defendant / purchaser, as all three were jointly beneficiaries of suit property---Suit was decreed accordingly.Syed Ahmad v. Ali Akbar and others 2021 SCM R 743; Maulvi Abdullah and others v. Abdul Aziz and others 1987 SCMR 1403; Mst. Saadia v. Mst. Gul Bibi 2016 SCM R 662; Hassan Ali and another v. Mst. Khatija and others 2005 YLR 3198 and Babar Ali v. Arshad Mehmood and 15 others 2021 MLD 1697 ref.Liaqat Ali Khan and others v. Falak Sher and others PLD 2014 SC 506 and Muhammad Habib and 2 others v. Messrs Humayun Ltd. and 3 others 2015 YLR 2008 rel.Ikram Ahmed Ansari and Ayaz Ahmed Ansari for plaintiffs (in Suit No. 379 of 2005).Muhammad Hanif Khatana for Defendant No. 1 (in Suit No. 379 of 2005).Hasan Khurshid Hashmi and Syed Khurram Nizam for Defendant No. 2 (in Suit No. 379 of 2005).Hasan Khurshid Hashmi and Syed Khurram Nizam for plaintiff (in Suit No. 749 of 2005).Ikram Ahmed Ansari and Ayaz Ahmed Ansari for…

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