Law: Specific Relief Act (I of 1877)

Section: 12

Specific Relief Act (I of 1877)-------S.12---Suit for specific performance of agreement to sell-Balance sale consideration, non-deposit of---Effect---Suit filed by appellant/plaintiff for possession through specific performance of agreement to sell was dismissed by Trial Court for non-deposit of balance sale consideration---Validity---Purpose of directing vendee to deposit remaining sale consideration is on one hand to enable him to demonstrate his readiness, ableness and willingness to perform his contractual obligation and on the other hand also to safeguard rights of vendor--In ordinary circumstances, order by the Court to deposit remaining sale consideration cannot be termed as harsh, oppressive or unlawful---Conduct of appellant/plaintiff was not only contemptuous but also dilatory, who despite availing various opportunities including last and final opportunity failed to deposit balance sale consideration---High Court declined to interfere in the order passed by Trial---Appeal was dismissed, in circumstances.Muhammad Asif Awan v. Dawood Khan and others 2021 SCMR 1270 ref.Hamood Mehmood v. Mst. Shababa Ishaque and others 2017 SCMR 2022; Messrs Kuwait National Real Estate Company (Pvt.) Ltd. and others v. Messrs Educational Excellence Ltd. and another 2020 SCMR 171; Muhammad Shafiq Ullah and others v. Allah Bakhsh (deceased) through L.Rs and others 2021 SCMR 763; Inayatullah Khan and others v. Shabbir Ahmad Khan 2021 SCMR 686; Mst.Samina Riffat and others v. Rohail Asghar and others 2021 SCMR 7; Muhammad Yousaf v. Allah Ditta and others 2021 SCMR 1241 and Mst. Rehmat and others v. Mst. Zubaida Begum and others 2021 SCMR 1534 rel.Date of hearing: 15th May, 2024.JUDGMENTABID AZIZ SHEIKH, J.---This regular first appeal is directed against the order and decree dated 03.07.2023 (impugned order), whereby the suit for possession through specific performance instituted by the appellant against the respondent has been dismissed due to non-deposit of remaining sale consideration.2.    Relevant facts are that respondent is owner of land measuring 77-Kanal 04Marla according to Register Haqdaran Zamin for the year 2019-2020 situated within the revenue…