Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 12---Suit for spec performance of agreement of sale---Vendor who failed to perform his part of agreement of sale of immovable property, had contended that in absence of spec term in agreement that in case of refusal to execute sale-deed by defendant/vendor, vendee could get a decree for specific performance of contract by filing a suit, no decree could be granted in favour of vendee ---Contention of defendant/vendor was repelled as. omission of term in agreement for sale to the effect that contract could be pacifically enforced through a Court of law and decree for specific performance could be obtained by filing of a suit, was not a valid and lawful ground for refusing grant of such decree. Messrs Karachi Gas Co. Ltd., Karachi v. Messrs Fancy Foundation PLD 1977 Kar. 191; and The King v. Paulson and others AIR 1920 PC 190 ret (b) Specific Relief Act (I of 1877)--- ----Ss. 12 & 22---Decree for specific performance of agreement---Grant of--­Discretion of Court---Grant of a decree for spec performance of contract, though is discretionary in nature, but discretion is to be exercised by Court in accordance with settled judicial principles and cannot be exercised arbitrarily--­Even otherwise, exercise of discretionary jurisdiction of Court cannot be claimed as a matter of right by a party in his own favour---Where discretion was exercised arbitrarily and without sound and reasonable grounds and was not guided by judicial principles same was liable to be interfered with. Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344 ref. (c) Specific Relief Act (I of 1877)--- ----Ss. 12 & 19---Decree for specific performance of agreement---Grant of--­Alternate relief, grant of---Vendor who had failed to perform his part of agreement of sale, had contended that as no specific penalty was provided in deed of agreement of sale itself in the shape of payment of damages and as there was alternate prayer for grant of damages in plaint filed by vendee, prayer for grant of decree for specific performance of contract, had rightly been refused to plaintiff/vendee by Court below---Contention was misconceived in…

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