Law: Specific Relief Act (I of 1877)

Section: 12

Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of contract of sale---Vendor had himself admitted in his written statement as well as in examination-in-chief that he had entered into an agreement of sale of suit property in terms and conditions given by plaintiff/vendee in his plaint and that he had received from vendee amount as part payment of sale consideration-- Defendant/vendor despite admitting his liability under sale agreement executed between parties, did not fulfil his part of contract though he had delivered to vendee his original title deed in respect of suit property---Vendor neither gave any notice to vendee calling upon him to complete sale transaction nor any notice to renounce agreement of sale, whereas vendee had already deposited in Court balance of sale price which showed his willingness and anxiety to perform his part of contract ---Vendee/plaintiff, in circumstances, was entitled to specific performance of agreement of sale entered into by hire with vendor/defendant- Abdul Qadir Shaikh for Plaintiff. Nemo for Defendants.. Date of hearing: 1st September, 1992. JUDGMENT This is a suit for specific performance of contract of sale of House No.2526, Picture Road, Kalakot, Karachi. As per averments made in the plaint, defendant No.1, who is owner of the property, entered into an agreement of sale with the plaintiff on 8-6-1979 for a consideration of Rs.1 lac out of which Rs.40,000 had been paid to the vendor at the time of the execution of the agreement and the balance of Rs.60,000 was to be paid before December 1979 and after such payment possession of the house was to be delivered to the plaintiff. The grievance of the plaintiff is that the plaintiff requested defendant No.] and defendant No.1's husband defendant No.2 in December 1979 to   receive the balance sale consideration of Rs.60,000 but some dispute arose between defendants Nos.1 and 2 (wife and husband) as a result of which the conveyance deed could not be executed and registered. Subsequently, defendant No.1 executed a declaration on 7-2-1980 admitting her liability under the sale agreement. However, defendant No.1 still did not fulfil her part…