Law:

Section:

Specific Relief Act (I of 1877)--S. 21-Specific performance of contract-Interest, accrual of ­Petitioner entering into agreement to sell his house for 9 lacs of rupees in favour of respondent, receiving 3 lacs of rupees in advance and binding himself to execute and register sale deed within 45 days on receipt of balance of 6 lacs and hand over possession of house to respondent­ Petitioner failing to exercise his part of agreement and respondent obliged to file suit for enforcement of agreement-Suit decreed on deposit of Rs. 6 lacs and respondent depositing amount before date fixed-Execution of decree however stayed by High Court at petitioner's instance-Eventually in course of execution proceedings necessary sale deed got executed and registered in favour of respon­dent-Petitioner for first time becoming entitled to receive Rs. 6 lacs lying in deposit with a Bank-Petitioner being not entitled in law to withdraw such amount without having executed sale deed in respon­dent's favour, petitioners, held, not entitled to interest accruing on sum of Rs: 6 lacs for period preceding execution of sale deed. ORDER MUHAMMAD AKRAM, J.-This is a petition for special Leave from an order dated 29th of October 1978, passed by a learn Division Bench of the Lahore High Court at Lahore dismissing the Evil Miscellaneous No. 4589/C of 1978 in R: F. A. No. 5 of 1978 filed by the present petitioner against the respondent herein. In brief the relevant facts are that on the 29th of June 1974, the petitioner entered into an agreement to sell the Bungalow No. 27-R-1, Egerton Road, Lahore for a sum of Rs. nine lakhs in favour of the respondent. He received rupees three lakhs in advance at the time of the execution of the agreement and it was stipulated between the parties that the petitioner shall execute and register the sale deed within 45 days of the agreement on receipt of the balance sale price of rupees six lakhs and deliver the possession thereof to the respondent. On failure of the petitioner to complete the sale, the respondent brought a suit for possession of the property by specific perfor­mance of the agreement. On the 22nd of November, 1975, the trial Court passed the decree…

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