Law:

Section:

Specific Relief Act, 1877 (I of 1877)-- ----S. 12--Specific performance of agreement to sell--Availability of money with buyer--Willingness to complete the agreement--Precondition--Where there is clear refusal on the part of seller to complete sale transaction, then there is no occasion for buyer to show that he has cash available with him to purchase the property--Test of being ready and willingness is to be judged only when purchaser calls upon the seller to complete transaction and buyer avoids or refuses to come forward and completes the sale transaction. Contract Act, 1872 (IX of 1872)-- ----S. 55--Fixing of time as essence of contract--Principle--Where there is failure on the part of buyer to complete transaction and time is also not made essence of contract then it is for the seller to make time essence of contract by fixing reasonable time for performance of contract, whereafter if buyer fails to complete the transaction, the contract comes to an end. PLD 1962 SC 1 ref. Contract Act, 1872 (IX of 1872)-- ----S. 12--Specific performance of agreement to sell--Rescission of agreement--Plaintiff filed suit before expiry of time fixed for completing the transaction as the defendant refused to sell the suit property and sought cancellation of sale agreement--Validity--Contract could come to an end without notice where buyer himself had refused to complete the transaction--Notice for termination of contract was dispatched to plaintiff four days after expiry of contract period without granting any time to plaintiff to complete the transaction--Neither the suit was filed prematurely nor there was failure on the part of plaintiff to complete the sale transaction, on the contrary it was the defendant who prior to expiry of date of agreement had second thought on account of family pressure and refused to perform his part of obligation--High Court directed the defendant to transfer the suit property in the name of plaintiff--Suit was decreed. PLD 1959 Kar. 629; 2007 YLR 1027; 1999 MLD 3345; 2004 MLD 1033; AIR 1930 Pat. 121; PLD 1986 SC 497; 2005 YLR 1905 and AIR 1927 Pat. 121 ref. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, JUSTICE---.--- The case of the plaintiff is…

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