Law: Contract, Act, 1872

Section: 51, 54

(a)    Qanun-e-Shahadat (10 of 1984)-------Art. 102---Terms of contracts, grants and other disposition of property reduced to form of document---Contract of sale---Oral evidence---Scope---No party is debarred under Art.102 of Qanun-e-Shahadat, 1984, from producing oral evidence to prove that price or a part there from has not actually been paid for payment of price or part thereof is not term of a contract but is only a recital of a fact in an instrument---Party cannot be allowed under Art.102 of Qanun-e-Shahadat, 1984, to lead oral agreement or statement to contradict, vary, add or subtract terms of agreement which was reduced into writing but since recital of a fact in a document showing payment of price or part thereof is not term of contract and a party may be allowed to prove that acknowledgment of sale price and subsequent endorsement on sale deed was incorrect and the vendee had not indeed paid the price to him.(b)    Specific Relief Act (I of 1877)-------Ss. 12 & 22---Contract Act (IX of 1872), Ss. 51 & 54---Suit for specific performance of contract of sale---Reciprocal promise---Non-deposit of balance consideration amount---Effect---Suit was filed by respondent / plaintiff seeking specific performance of agreement to sell---Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of respondent / plaintiff--Validity---Failure to deposit balance amount in Court disentitled respondent / plaintiff to relief of specific performance which according to S.22 of Specific Relief Act, 1877, was a discretionary relief---Contract of sale was a contract considered of reciprocal promises to be simultaneously performed and petitioner / defendant was not to perform his promise unless respondent / plaintiff was ready and willing to perform his reciprocal promise i.e. payment of balance amount--Respondent / plaintiff failed to prove that he paid or tendered balance amount to petitioner / defendant, therefore, he failed to perform his reciprocal promise--Respondent / plaintiff failed to prove payment of advance amount and offer payment of balance amount to petitioner / defendant on stipulated…

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