Law:

Section:

By this suit the plaintiffs seek specific performance of the Agreement dated 29-7-85 whereby the defendant had agreed to sell to the plaintiffs the plot bearing No.157-S, measuring 1,000 sq. yds. in Block 2 of PECHS, Karachi together with construction thereon.

Brief facts of the case are that the plaintiffs and the defendant entered into the aforesaid agreement for the sale of the defendant's aforementioned property on the terms contained in the said agreement for a total consideration of Rs.46 lacs out of which a sum of Rs.6 lacs was paid by the plaintiffs to the defendant at the time of execution of the agreement and the balance was to be paid on execution of the sale-deed by the defendant. The time, under the agreement for the completion of the We, was 12 months from the date of the agreement. On 9-8-86 the plaintiff No.1 sent a letter to the defendant requesting for completion of the sale. However, it appears that no action for .the finalisation of the sale was taken by either party and by its letter dated 29-12-86 addressed to the plaintiffs the defendant informed them that he was no longer obliged under the agreement which had come to an end, as the plaintiffs, in spite of lapse of 17 months, had failed to take any step for the finalisation of the sale. This followed by correspondence between the advocates of the parties ending with plaintiffs' counsel letter dated 7-2-87 whereby the plaintiffs threatened to take legal action against the defendant. Thirteen months thereafter, the present suit was filed for specific performance. Defendant contested the suit and filed his written statement. Following consent issues were farmed: