Law: Specific Relief Act, 1877

Section: 22

(a) Specific Relief Act (I of 1877)-------S. 22---Suit for specific performance of agreement to sell---Discretion of Court---Scope---In a suit for specific performance grant of decree is a discretionary relief with the court---If the court comes to the conclusion that in grant of a decree equity leans in favour of the plaintiff then decree can be granted, otherwise, it is the discretion of the court---Even if the plaintiff has proved the agreement to sell even then it is the discretion of the court to grant a decree or refuse the same.(b) Administration of justice-------Appeal entertained by Court despite lacking jurisdiction---Contributory negligence of Court---Condonation of delay in seeking relief---Where a party, despite acting with reasonable diligence, is misled by the Court or fails to receive timely guidance about jurisdictional matters, the resulting delay or error is not entirely attributable to that party---If there is contributory negligence of the person knocking the door of the court and also by the court, then the person knocking the wrong door cannot be deprived of his/her legal rights available under the law.Sherin and others v. Fazal Muhammad and others 1995 SCMR 584 and Ghulam Ali v. Akbar alias Akoor and others PLD 1991 SC 957 ref. ORDER:AMIN-UD-DIN KHAN, JUSTICE:---.---Through this appeal filed under Article 185(2)(d)(e) of the Constitution of Islamic Republic of Pakistan, 1973 judgment and decree dated 04.07.2022 passed by the Islamabad High Court has been challenged whereby R.F.A. No. 117 of 2021 filed by respondent No.1 was allowed and judgment and decree of the trial court decreeing the suit was set aside.2. Brief facts are that plaintiff-appellant on 30.04.2013 filed a suit for specific performance on the basis of agreement to sell dated 06.11.2012 by defendant No.1/respondent No.2 stating that through an agreement in favour of the plaintiff/appellant House/Plot No. 10, Street No. 40, Sector G-10/4, Islamabad has been agreed to sale for a consideration amount Rs:1,65,00,000/-. The same has been admitted by defendant No.2/respondent No.1 and an amount of Rs:5,00,000/ - was given to the defendants. Defendant No. 3 was the Chairman,…

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