Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Contract Act (IX of 1872)--S.37--Constitution of Pakistan (1973), Art.185(3)--Specific performance of contract--Petitioner executing agreement to sell property and receiving earnest money later failed to honour his commitment--Suit for recovery of possession through specific performance of contract filed by respondent 3 years after the date of agreement--Plea that no time was specified in the alleged agreement and that delay was to the disadvantage of petitioner/vendor, not entertained--Earnest money having been voluntarily received in part performance of contract, suit might have been filed by respondent when petitioner had failed to honour his commitment--Petition being without substance, leave to appeal refused. (b) Contract Act (IX of 1872)-- ---S.37--Constitution of Pakistan (1973), Art. 185(3)--Unanimous finding of three Courts--Interference with--Suit for specific performance of contract--Agreement to sell executed by petitioner and earnest money received--Petitioner failed to honour his commitment--Respondent's suit for recovery of possession through specific performance of contract decreed and decision upheld by High Court-­Courts below as well as High Court being unanimous that petitioner had no case, petition for leave to appeal was held without substance and dismissed. S.M. Masud, Advocate Supreme Court instructed by S.Inayat Hussain, Advocate-on-Record for Petitioner. Farooq Hasan Naqvi, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondent. Date of hearing: 3rd August, 1988. ORDER JAVID IQBAL, J--This petition for leave is directed against the judgment of the Lahore High Court, Lahore dated 18 May, 1982 whereby the R.SA. of the petitioner was dismissed. Briefly the facts are that an agreement to sell upper portion of the disputed property was made by the petitioner with Mst. Nawab Bibi respondent on 15th November, 1965. In this agreement to sell, the petitioner agreed to sell the said portion of the property in dispute to the respondent for Rs.8,000 and he. received a sum of Rs.100 as earnest money through receipt. The deed of agreement executed on 15th November, 1965 as well as receipt are part of the…

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