Law:

Section:

Contract Act (IX of 1872)-------S. 55---Time to be essence of contract---Essentials---Non-performance of agreement to sell---Defaulting party---Effect---Terms of contract, conduct of parties and surrounding circumstances have to he examined to arrive at correct conclusion---Parties in agreement to sell, had in unmistakable terms made time as essence of contract---Evidence on record clearly indicated that plaintiff had failed to perform his part of the contract by failing to turn up on specified date alongwith balance amount and it was on his account that agreement to sell could not be executed---Terms of agreement clearly stated that on failure of plaintiff to perform his part of contract, earnest amount paid by him would stand forfeited---First Appellate Court had rightly found that time was essence of contract and plaintiff had failed to perform his part of contract--­Judgment and decree rendered by First Appellate Court was affirmed while that of Trial Court decreeing plaintiff's suit was set aside in circumstances. Jamshed Khodaran Irani v. Burjorji Dhunjibhai AIR 1915 PC 83; Abdul Hameed v. Abbas Bhai-Abdul Hussain Sodawaterwala PLD 1962 SC 1; Muhammad Ayyub Khan v. Ch. Muhammad :slam and another 1984 CLC 2159; Ahmad Bakhsh v. Mst. Zeb Ilahi PLD 1981 BJ 60; Ghulam Muhammad and others v. Abdul Hameed NLR 1984 UC 512; Seth Essabhoy v. Saboor Ahmad PLD 1973 SC 39 and Shah Sultana and another v. Syed Shaukat Ali and 3 others 1985 SCMR 1568 rel. Seth Essabhoy v. Saboor Ahmad PLD 1973 SC 39; Zaheer Ahmad and another v. Abdul Aziz and others 1983 SCMR 5.59 and Muhammad Ayyub Khan v. Ch. Muhammad Aslam Khan and another 1984 CLC 2159 ref. JUDGMENT Through this Regular Second Appeal, the appellant has challenged the judgment dated 13-9-1987 passed by Sardar Ghulam Abbas Khan, the learned Additional District Judge, Layyah whereby he set aside the judgment and decree dated 20-2-1986 passed by Ch. Muhammad Iqbal, the learned Senior Civil Judge, Layyah vide which appellant's suit for specific performance of the sale agreement pertaining to the suit land had been decreed. 2. Facts giving rise to the instant appeal are that the appellant entered into an agreement with the…

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