Law: Specific Relief Act, 1877

Section: 35(c)

Specific Relief Act, 1877 (I of 1877)-- ----S. 35(c)--Suit for Specific Performance of agreement to sell--Deposit of Sale Consideration--Conditional Decree--Balance Sale Consideration--Appeal Power of Court--Rescission or Extension of Time Suspension of Condition--Petitioner had instituted suits against respondents, which were decreed subject to deposit of balance sale consideration as he failed to establish that respondents had received entire amount of balance sale consideration. Against judgments of Trial Court, respondents did not prefer any appeal--It was case of petitioner that in terms of Section 35(c) of the Specific Relief Act, where agreement to sell on basis of which petitioner had instituted suit and decree had been passed, judgment debtor was obligated to apply for rescission of contract--Court was of opinion that mere filing of appeal against a conditional decree, by decree holder, in itself did not amount to suspension of condition attached thereto and decree holder was not absolved from depositing balance sale consideration when consequences of his failure to comply with condition were specified in decree itself making said decree final.-matter was finally argued, which depicted that petitioner side was never ready and willing to perform his part of contract under agreement(s) to sell between parties and kept on lingering matter on one pretext or the other--Civil revision dismissed.                                                      [Pp. 1019, 1020 & 1023] A, B, C & D 2007 SCMR 1464; PLD 2004 SC 790 & PLD 1966 SC 983 ref. Mr. Muhammad Yaqoob Sidhu, Advocate for Petitioner. Ch. Muhammad Akbar Warraich, Advocate for Respondent. Date of hearing: 23.1.2025. Judgment Through this single judgment, the present as well as connected Civil Revision bearing No. 17857/2019 are being simultaneously decided. Although both the petitions emanate from separate proceedings conducted in two…