Law: Specific Relief Act, 1877

Section: 12

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

(a) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Interim injunction, grant of---Necessary ingredients---Contents of undisputed agreement to sell prima facie pointed to generation of funds through various modes including development and sale of plots to be undertaken by the plaintiffs and pleadings of the parties spelt out a dispute over delivery of possession of area measuring 9 acres covered by Rest House and Officers Colony etc.---Effect---Plaintiffs had a fair prima facie case---Balance of convenience also tilted in favour of the plaintiffs because material on record indicated that the plaintiffs had not only cleared the outstanding loans and paid a huge amount of Rs.32 crores but were also engaged in development and sale of plots---Plaintiffs would suffer an irreparable loss if temporary injunction was declined---High Court had rightly granted the interim injunction to the plaintiffs. (b) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2--­Constitution of Pakistan (1973), Art. 185(3)---Interim injunction, grant of--­Specific performance of agreement to sell---Deposit of balance of sale consideration---Plaintiffs agreed to clear the loan obtained by the defendants and the property was to be handed over by the defendants to the plaintiffs for generation of funds through various modes including development and sale of plots---Plaintiffs had cleared the loan by making payment of huge amount of Rs.32 crores and development of the land was being carried out but possession of area measuring 9 acres was not handed over to the plaintiffs--­Trial Court granted interim injunction in favour of the plaintiffs subject to deposit of balance sale consideration but High Court modified the same and the condition imposed by the Trial Court was waived of---Validity---In a suit for specific performance of contract an order of restraint in respect of specific performance of contract and an order of restraint in respect of the suit property was normally granted subject to the deposit of the balance of sale consideration but the rule was not absolute and…

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