Law:

Section:

Specific Relief Act (I of 1877)-------S. 22---Civil Procedure Code (V of 1908), S. 96 & O. XX, R. 14 --- Trial Court while granting decree for specific performance imposing condition of plaintiff to deposit balance amount failing which suit would stand dismissed--­Validity---No bar in law, if Court while granting decree for specific performance, indicated that same would come to an end in the event of failure to make payment of balance sale price by stipulated date---Trial Court while making such order did not commit any error of law---Plaintiff, in suit for specific performance, must allege and prove his readiness and willingness to perform obligations under sale agreement to reflect his bona fides and readiness, and he has to show that he could have the requisite funds within stipulated time and that he was ready with funds in his pocket, when he approached the Court for enforcement of agreement---Vendor could at any stage agree, that suit be decreed and agreement be enforced, which could not be refused by vendee, on pretext, that he could not arrange funds or that there was shortage of time--­Relief of specific performance being discretionary in nature, could not be allowed, if one did not act with promptness and prove with his conduct, his bona fides to perform obligations in terms of agreement---Plaintiffs being not ready and willing to perform their obligation, despite having gained opportunities to do so, Trial Court was fully justified in granting equitable relief, conditionally on payment of balance price within time fixed in the order and providing for dismissal of suit in the event of default---Plaintiffs were not entitled to relief in circumstances. Amjad Malik v. Muhammad Saleem and others 1992 MLD 31 and Joydeb Agarwala v. Baitulmal Karkhana Ltd. PLD 1965 SC 37 ref. JUDGMENT SYED NAJAM-UL-HASAN KAZMI, J.---Through this appeal, the appellants seek modification of judgment and decree, dated 19-6-1997, of the learned Civil Judge, whereby the suit for specific performance of appellants was decreed, subject to deposit of balance sale price till 28th of June, 1997. 2. To enforce agreement of sale dated 29-2-1996, in regard to a Bungalow No.123-G…

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