Law: Specific Relief Act, 1877

Section: 8,54

Law: Constitution of Pakistan, 1973

Section: 185(3)

Specific Relief Act (I of 1877)--- ----Ss. 8 & 54---Constitution of Pakistan (1973), Art.185(3)---Recovery of possession, permanent injunction and damages---Consent decree, non-compliance of---Defendant, during pendency of suit, made an offer for return of .her earnest money received by plaintiff---Such offer was accepted by plaintiff and suit was accordingly decreed---Instead of abiding by her solemn commitment and consent decree, plaintiff preferred appeal against the decree, which appeal was dismissed by High Court---Plea raised by plaintiff was that she had not authorized her husband acting as her attorney to enter into any compromise---Validity---Supreme Court did not agree with the plea that husband acting as attorney of plaintiff was not authorized to enter into a compromise or settlement on her behalf---Conduct of plaintiff was far from satisfactory and propriety which had reflected on her lack of integrity and fairness and could only be regretted and deprecated---Supreme Court advised the counsel to discourage such clients and not to accept such briefs before superior Courts, which always led to tarnish the image of noble profession of law as well as judiciary---Petition being ill-founded, ill-advised and incompetent was dismissed with special costs---Leave to appeal was refused. JUDGMENT RANA BHAGWANDAS, J.--- This petition is directed against Sindh High Court judgment, dated 28-2-2006 dismissing High Court appeal against the judgment of learned Single Judge of the High Court disposing of a suit filed by the petitioner for possession of suit-land, permanent injunction and damages. 2. Petitioner filed the aforesaid Suit No.1059 of 2000 against the respondent on the averments that parties entered into a` sale agreement on 5-10-2000 in respect of a plot of land measuring 218 square yards situated at Rain Swami Quarters, Karachi. The sale consideration was settled at Rs.45,00,000. A sum of Rs.12,00,000 was paid by the respondent as earnest money while balance amount was payable upto 7-5-2001. It is the case of the petitioner that she served a legal notice on the respondent requiring payment of the balance amount within seven days but without any…

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