Law:

Section:

Specific Relief Act (I of 1877)--S. 12---Contract Act (IX of 1872), S. 62---Constitution of Pakistan (1973), Art. 185(3)---Suit for specific performance of agreement of sale and for compensation as an alternate relief---Extension of time for execution of agreement ---Effect---Seeking alternate relief in plaint---Mere fact that a party had asked for compensation as an alternate relief would not imply that it no longer insisted upon specific performance of the agreement in question--­Extension of time by parties for execution of agreement would not amount to novation of earlier agreement---Decree for specific performance of agreement of sale was, thus, valid and objections relating to presence of alternate relief in prayer clause of plaint and extension of time by the parties for execution of agreement in question, were of no consequence---Leave to appeal was refused in circumstances. ORDER SAAD SAOOD JAN, J.---Yousaf Ali and Nur Muhammad, predecessor-in-interest of the petitioners, entered into an agreement with the predecessor-in-interest of the respondents for the sale of a share in the property left by one Rehmatullah, deceased. It may be mentioned that while entering into the agreement Nur Muhammad was also acting on behalf of one of his sisters, namely, Mst. Bashiran. The suit was decreed by the trial Court and the petitioners' first appeal before the Additional District Judge and second appeal before the High Court remained mainly unsuccessful. They now seek leave to appeal from this Court. 2. In support of this petition two contentions have been raised. To begin with it is pointed out that in their plaint the respondents had asked for compensation in the event the relief of specific performance was not granted to them; in view of this position, it is argued, the Court ought not to have insisted upon the respondents to specifically perform the agreement. We find little merit in this contention. It is usual for parties seeking specific performance of an agreement for the sale of land to pray in the alternative for the relief of compensation. But then, the mere fact that a party has asked for compensation as an alternate relief does not imply that it no…

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