Law: Constitution of Pakistan, 1973

Section: 199

Law: Specific Relief Act, 1877

Section: 20-24

Summary

The Petitioner filed a suit for specific performance to enforce an agreement to sell property, having paid only part of the sale consideration (Rs. 2,500,000 out of Rs. 17,000,000). The Trial Court and later the Revisional Court directed the Petitioner to deposit the balance sale consideration amount before the Court as a demonstration of readiness and willingness to perform the contract. The Petitioner challenged these orders under constitutional jurisdiction, arguing there is no explicit legal requirement under the Specific Relief Act, 1877 for the deposit of the balance consideration to seek specific performance.

The Court held that while the Specific Relief Act does not explicitly require this deposit, courts have discretionary power to direct the vendee to deposit the balance consideration as proof of bona fide intention and capability to perform the contract. This deposit is not mandatory but serves to establish good faith and eliminates doubts about the vendee’s readiness and willingness. The Court relied on several Supreme Court precedents confirming this principle.

The Petitioner’s failure to comply with the deposit order and the circumstances—including significant delay, devaluation of money, and the vendor’s refusal—justified the Trial and Revisional Courts’ orders. The Petitioner did not demonstrate any jurisdictional error or irregularity by the lower courts. Hence, the constitutional petition was dismissed.