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Specific Relief Act (I of 1877)---S. 12--Suit for--Constitution of Pakistan (1973), Art. 185(3)--Agreement to sell the property--Passing of earnest money--Suit for specific performance-­Compromise decree--Respondent was required to pay remaining amount of consideration and he made the deposit on 8-6-1981--Said amount, on the request of the petitioner, was placed in a profit earning account in a Bank--Sale-deed for same reasons could not be executed till 24-4-1985 and it was registered or 4-5-1985--Petitioner thus withdrew the amount in question thereafter--High Court affirmed the decision of First Appellate Court that profit which the depose had earned while it remained with the Bank should go to the respondent--Leave to appeal was granted to examine the contention that High Court as well as Trial Court were in error in holding that the respondent was entitled to the profit which accrued even after the execution of the sale-deed and delivery of possession of the property to respondent. ORDER SHAD SAOOD JAN, J.--By an agreement dated 5-10-1981, the petitioners agreed to sell a shop to the respondent for a sum of Rs.2,80,000. The petitioners received Rs.22,000 on two occasions by way of earnest money and advance payment towards the price of the shop. On 11-3-1981, the respondent filed a suit for specific performance. It ended in a compromise decree in favour of the respondent. Under the terms of the decree the respondent was required to pay the remaining amount of consideration, that is, Rs.2,58,000 by 7-5-1981. Nevertheless the respondent filed a regular first appeal in the High Court. The High…

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