Law:

Section:

Specific Relief Act (I of 1877)--- ---Ss. 12 & 54---Suit for specific performance of agreement to sell land---Vendee had paid earnest money and Trial Court directed the deposit of the balance sale price as condition for grant of stay against further alienation of the suit property---Vendee being aggrieved of the said order complained that the vendors stood unduly benefited as they shall continue to, derive advantage from the usufruct of the land and shall also have the use of full price for the land fixed in the agreement to sell, on the other hand, as a condition of stay, vendee was out of pocket for the entire sale price of the land and also without its possession---In the present case, there was an allegation that vendors had applied dilatory tactics in the suit in order to aggravate the injury of the vendee who was out of possession and had not derived any benefit under the agreement to sell---Held, present case involved a grievance about the conduct of vendors and imbalance in greater benefit accruing to them under the condition for grant of interim relief, such were the aspects that merited notice in fixing the terms of interim relief, if any---Appropriate course, in circumstance, would, therefore, be to allow the Trial Court to apply its mind afresh to the relevant criteria for settling the terms of an interim order, if any, in the present case---Matter was accordingly sent back to the Trial Court to reconsider the terms, if any, upon which an interim injunction ought to be granted to the vendee---Trial Court was directed to invite the parties to state their respective stands and entitlement as to terms of interim relief by filing fresh application and reply thereto which shall be determined without prejudice to or delay in the proceedings in the main suit---Principles. Ibrar Ahmad and another v. Munawar Ahmad 1998 MLD 601; Khizar Hayat Khan v. Mussarat Rabbani PLD 1995 Lah. 438; Fateh Muhammad v. Muhammad Hanif and others PLD 1990 Lah. 82; Sh. Muhammad Taqi v. Muhammad Anwar Khan Ghouri 1983 CLC 1085 and Ibrar Ahmad Khan Tareen v. Munawar Saeed 1994 SCMR 1764 ref. ORDER UMAR ATA BANDIAL, J.---The appellant/vendee filed a suit for specific…

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