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Specific Relief Act (I of 1877) S. 12 Constitution of Pakistan (1973), Art. 185(3) Non performance of agreement to sell Trial Court found that defendant had in fact entered into sale agreement and had received the sale price but it dismissed suit on the ground that same was premature as defendant had not acquired ownership over the plot in question First Appellate Court while concurring with the finding of Trial Court that defendant had received full sale consideration, reversed its finding that suit was premature and decreed the suit High Court maintained First Appellate Court's finding and in addition incorporated in its and decree specified amount which plaintiff voluntarily had offered to pay to defendant as an additional sale price Defendant's contention that plaintiff had not approached Court with clean hands inasmuch as he had involved defendant in criminal cases and because of that defendant remained in police custody for a period of time Such contention was devoid of any force, for if plaintiff had initiated any frivolous legal proceedings, defendant could have resorted to proper legal action against him but same could not be a ground for refusal of specific performance Sale price was concurrently found by Courts below to have been paid to defendant ¬Plaintiff, however, had voluntarily offered to pay additional specified amount though he was not bound to pay the same unless Court had directed for such payment No case was made out for leave to appeal which was refused in circumstances. JUDGMENT AJMAL MIAN, J. This is a petition for leave to appeal against the judgment dated 1 2 1993 passed by a learned Single Judge of the Lahore High Court in Regular Second Appeal No. 76 of 1990 filed by the petitioner against the judgment/decree dated 23 4 1990 of the learned Additional District Judge, Lahore in Civil Appeal No. 144 of 1989 and Civil Appeal No. Nil of 1989, whereby he set aside the judgment and decree dated 1 7 1989, dismissing the respondent No.1's suit for specific performance, of the learned Civil Judge, Lahore in Civil Suit No. 64/1 of 1989, dismissing the same and maintaining the above judgment and decree. 2. The brief facts are that petitioner,…

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