Law: Specific Relief Act (I of 1877)

Section: 2,22

Law: Transfer of Property Act, 1882

Section: IV,54

(a) Specific Relief Act (I of 1877)-------S. 12---Transfer of Property Act (IV of 1882), S. 54---Suit for specific performance of contract for immovable property---Cut-off date for payment of balance sale consideration---Conduct of the vendee for issuance of decree of specific performance---Relevancy---Failure of respondent/plaintiff to deposit the remaining sale consideration throughout the proceedings showing his lack of readiness and willingness to perform his contractual obligation---Plea of pending proceedings before the National Accountability Bureau (NAB)---Unexplained delay in filing the suit---Effect---Conditional offer made by the petitioner/defendant during pendency of suit before Trial Court, became invalid owing to nonfulfillment by the respondent---AppellateCourt treating that offer as admission of the defendant and accepted the appeal of the respondent---Validity---Respondent entered into the agreement with the petitioner and thereafter, entangled the latter into litigation and avoided the payment of the balance consideration amount on one pretext or the other, meaning thereby that the respondent was neither willing nor ready to pay the balance amount of consideration and the Appellate Court below was not justified in relying on the admission of execution of the agreement by the petitioner before the Trial Court to decree the suit of the respondent---In fact, when the direction of the Trial Court was not complied with by the respondent, the Trial Court should have immediately proceeded to dismiss the suit---Conditional offer made by the petitioner before the Trial Court to decree the suit for specific performance of the contract, which was not accepted by the respondent did not remain valid at the appellate stage, thus, it was unjustified to pass the judgment and decree on the basis of an offer which no longer existed in favour of respondent, who had acted in a contumacious manner--Performance of the contract should not have been seen from the date when it was suitable to the respondent---To adjudge whether the respondent was ready and willing to perform his part of the contract, the court had to take into consideration the conduct of the…