Law:

Section:

Specific Relief Act (I of 1877)-----S. 12---Suit for specific performance of agreement to sell by the agent-Plaintiff asserted that he had made payment of earnest money through cheque issued by his agent but defendant contended that cheque was not encashed and same was returned---Suit was decreed and decree was upheld---Validity---No evidence was available to show that disputed cheque was ever presented to the bank from where it was alleged to have been bounced---Original cheque if not returned to agent should have been available with defendant but he, without plausible explanation, was not in possession of the same---Even it was not established that on the requisite date stipulated for encashment of cheque in question, agent had no funds in his bank account due to which payment was not received by defendant---Agreement had to be accomplished by defendant after attaining the proprietary rights which had been admittedly conferred upon him, plaintiff was justified to seek specific performance of agreement to sell against defendant---No legal infirmity in s of Courts below, calling for interference in revisional jurisdiction had been shown, hence petition was dismissed. Ch. Rehmat Ali Dhillon for Petitioner. Ch. Muhammad Chiragh Dogar for Respondent. Date of hearing: 21st February, 2006. JUDGMENT MIAN SAQIB NISAR, J.---On 11-5-1991, the respondent brought a suit for the specific performance against the petitioner, seeking enforcement of the agreement to sell dated 25-4-1982, with regard to the suit-land measuring 50 Kanals, 8 Marlas, which through the agreement the petitioner had agreed to sell in favour of the respondent, for a total consideration of Rs.1,57,500, out of which Rs.1,000 was paid in cash, whereas for the balance earnest money of Rs.44,000, the cheque of Haji Muhammad Aslam/P.W.3, an agent of the respondent, was issued, which was to be encashed by 5-6-1982. Subsequently, the respondent, as stated above, brought the suit on the allegations that despite having received the aforesaid amount of the earnest money, as the sale has to be accomplished by the petitioner after he has obtained the proprietary rights, which were conferred upon him on 24-6-1990,…

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