Law: Specific Relief Act (I of 1877)

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 148 & 151

(a) Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), ; 14n --- in suit tar specific performance of agreement or sate--- Nature --- Enlargement of time---Court pa-,sing decree for specific performance of contract---power of Court to extend time for payment elf purchase price---Decree for ,specific- performance of agreement of sale is in its nature a preliminary decree---Such decree would partake character of contract, whereby vendee has to deposit purchase price, cost fir purchase of necessary stamps for execution of conveyance deed etc,, while seller has to appear in Court, sign conveyance deed and receive purchase price--�Such decree is thus not final but preliminary in nature---Court passing such decree would retain seism over the lis and would have power to enlarge time for payment of purchase price fixed therein-_-Court, however, would pass such orders alter objectively assessing merits of such applications.Dori Lal v. MT Jamaga etc. AIR 1923 Oudh 16; Jagjit Singh v. Sankatha Singh AIR 1950 All. 675; Abdul Shaker Sahib v. Abdul Rahiman Sahib AIR 1923 Mad. 284; Moideen Kuppai v. Ponnuswami Pillai 1914 ILW 882; Ramaswami Kone v. Sundara Kone (1907) 3 I Mad. 28; Rama Bhatlu v. Annayya Bhatlu AIR 1926 Mad. 144; Abdur Rahim v. Tamijuddin AIR 1933 Cal. 580; B. Ganpati v. S. Rajaram AIR 1974 Born. 104; Muhammad Riaz Qamar v. Umar Din 1985 CLC 474; Amjad Malik v. Muhammad Saleem 1992 MLD 31 and Nasir Ahmad v. Muhammad Yousaf PLD 1994 Lah. 280 ref.(b) Specific Relief Act (I of 1877)-------Preamble--- Nature, object and purpose of Specific Relief Act, 1877--�Specific Relief Act being adjective law contains in its fold codification of principles derived from long series of precedents and practices of English Courts of Equity---Specific Relief Act is thus, based upon principles of equity, reason and good conscience---Most leading principle in Specific Relief Act is that "one who comes to get equity must do equity to others".--[Maxim].(c) Specific Relief Act (I of 1877)-------S. 35---Civil Procedure Code (V of 1908), Ss.148 & 151---Rescission of written contract--- Procedure---Decree for specific performance of agreement of sale…