Law:

Section:

Contract Act (IX of 1872)-------S. 55---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), S.12---Suit for specific performance of agreement of sale---Interim injunction, application for---Total sale consideration was Rs.1,06,00,000---Plaintiff claimed to be in possession of property on payment of Rs.5,30,000 to defendant---Balance amount of Rs.1,00,70,000 was payable to defendant at the time of registration of sale-deed in his favour upto 60 days from date of agreement---Such term of agreement had made time as the essence of contract---Plaintiff had not paid balance amount---Plaintiff had not disputed legal notice of defendant calling upon him to pay balance amount---Value of property was multiplying day and night---Plaintiff could not be allowed to freeze valuable property of defendant against a meagre sum for indefinite period---Balance of convenience would not lie in favour of plaintiff---Equitable discretion could not be exercised in favour of plaintiff in such circumstances---Application was dismissed accordingly. Zahid Marghoob for Plaintiff. Fiaz H. Shah for Defendants Nos. 1 to 4. ORDER MUSHIR ALAM, J.--- This application under Order XXXIX, rules 1 and 2, C.P.C. has been filed by the plaintiff (purchaser) seeking restraining orders in respect of the property bearing No.1/15-A/1, Block-22, measuring 1744 Sq. yards situated at K.D.A. Scheme No.6, F.B. Area, Karachi till the pendency of present suit. It is asserted that the defendants (seller) failed to fulfil and perform the .agreement in terms of clause (2) thereof. According to the learned counsel, defendant railed to produce the N.O.C. necessary for the purpose of selling the property, therefore, the breach, if any, is on the part of the defendant. Learned counsel for the defendant dispute such fact. According to him all the documents were ready but the plaintiff had not come forward to get the sale-deed executed. He further asserts that legal notice was served on plaintiff calling upon him to pay the balance consideration. Learned counsel for the defendant has drawn my attention to N.O.C. in respect of the suit plot dated 30-3-2004, according to him same was…

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