Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Decree for specific performance of agreement to sell---Power of court---Such decree cannot be granted only because it was lawful to do so. (b) Specific Relief Act (I of 1877)--- ----S. 12---Contract Act (IX of 1872), Ss.48 & 55---Qanun-e-Shahadat (10 of 1984), Arts.102 & 103---Specific performance of agreement to sell---Exclusion of oral by documentary evidence---Time as of the essence of contract---Deposit of balance consideration amount in court---Effect---Plaintiff in his suit sought specific performance of agreement to sell on the ground that defendant was not ready to perform his part of contract as despite repeated calls, he did not deposit development charges within due date, resultantly suit plot was not available for transfer on the due date---Trial Court decreed the suit in favour of plaintiff---Plea raised by defendant was that plaintiff failed to pay balance consideration amount according to the terms of agreement as time was of .the essence of the contract and he failed to prove his readiness and willingness to perform his part of contract---Validity---Evidence available on record showed that defendant was ready for transfer of plot but plaintiff had shown lack of interest---Plaintiffs tender of balance consideration, on court's direction, did not prove that vendee was willing to perform his contractual obligations throughout, as silence of plaintiff for three months spoke otherwise---Plaintiff failed to prepare stamped conveyance and tender the same to seller (defendant) for execution and registration---Buyer (plaintiff) was duty bound to prepare conveyance and tender the same to seller (defendant) for execution and registration---No efforts were made to verify from record of Housing Society about payment of development charges---Statement of defendant regarding deposit of partial development charges remained unrebutted---Plaintiff (vendee) failed to prove that he was ready and willing to perform his contractual obligation as vendee, at the time of performance of the agreement---Such fact alone disentitled the plaintiff to claim specific performance of agreement---Judgment and decree passed…

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