Law:

Section:

Specific Relief Act (I of 1877)--S. 12---Constitution of Pakistan (1973), Art. 185(3)---Specific performance of agreement to sell---Concurrent findings by the Courts below---Crediting of amount in the Bank account of vendor after stipulated period ---Effect---Vendee remained ready and willing to perform his part of contract and did - take steps for performance of obligation by remitting amounts from time to time and also sent notices calling upon the vendors to perform their part of contract---High Court had rightly found that crediting the account of vendors with amount after the stipulated period, did not affect inasmuch as the cheque had been given before the stipulated period and obviously some time was to be taken during the process of the Bank for debit and credit of the account---Concurrent findings arrived at by the Courts below and upheld by High Court were not interfered with--­Leave to appeal was refused. Hafeez Ahmed, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioners. Ch. Khurshid Ahmed, Advocate Supreme Court for Respondents. Date of hearing: 30th December, 1999. ORDER SH. RIAZ AHMED, J.---Leave to appeal is sought against the judgment dated 23-10-1998 delivered by a learned Judge of the Lahore High Court whereby regular second appeal preferred by the petitioners against the judgment and decree of the Civil Judge affirmed by the Appellate Court was 2. The facts in brief are that respondent Mirza Muhammad Anwar Beg instituted a suit to enforce an agreement to sell dated 2-9-1977 in respect of land measuring 5 Kanals and 4 Marlas. It was averred in the plaint that the petitioners-defendants had agreed to sell the land in favour of the respondent­ -plaintiff in consideration of Rs.1,71,600 and had received Rs.30,000 as earnest money. It was also pleaded that additional payments were also made from time to time during the stipulated period, which was to expire on 31-12-1978. According to the respondent-plaintiff despite the consideration amount having been paid, the petitioners-defendants were not executing the sale deed. According to the plaintiff, a notice, dated 28-12-1978 was also served upon the petitioners-defendants,…

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