Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)--Specific Relief Act (I of 1877), S. 12--Suit for specific performance--Contract to sell property--Petitioner failing to obtain sanctions/ clearance certificate necessary for execution of sale-deed--Plea that respondent sought extension of time, not being supported by documentary evidence, repelled--Contention that respondent was unable to pay amount of consideration not having been specifically raised, earlier, not permitted to be urged for first time before Supreme Court-­Courts below held justified in holding that fault lay on part of petitioner who was avoiding contract for sale of his property--Petition dismissed. ORDER ZAFFAR HUSSAIN MIRZA, J.--The petitioner had agreed to sell the property dispute in this case consisting of a house situate on Plot No. 10, Row No. 7, Sub-Block 7, Block 5, Nazimabad, Karachi to the respondent for a price of Rs. 44,000 on the terms and conditions incorporated in a written agreement, dated 11-6-1973. The respondent made an advance payment of Rs. 4,000 to the petitioner and the balance of Rs. 40,000 was payable before the Registrar at the time of registration of the conveyance. According to this agreement the proposed sale was to be completed within one year from the date of the agreement and the petitioner was required to obtain the Income-tax Certificate and other necessary sanctions and permissions etc. in connection with the execution of the conveyance deed. The admitted position is that until 11-6-1974, the stipulated period of one year for the completion of the conveyance deed, petitioner had failed to obtain Income-tax Clearance Certificate. It is also common ground that the respondent called upon the petitioner by means of two letters, dated 7-5-1974 and 22-5-1974 to complete the sale in accordance with the terms of the contract informing him that he has already published a notice in the newspaper and that the draft sale was ready, copy of which was also forwarded to him. However, the petitioner paid no heed to these demands and kept quiet until 2-12-1974 when in a letter addressed to the respondent he alleged that the latter's request for extension of time having been…

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