Law:

Section:

Specific Relief Act (1 of 1877)-------S.12---Sindh Building Control Ordinance (V of 1979), S.13(3)---Constitution of Pakistan (1973), Art.4---Suit for specific performance of sale agreement and damages---Non-delivery of possession of shop to plaintiff within stipulated period after booking same in project of defendant and its completion---Passing of decree in plaintiff's favour by Trial Court to extent of delivery of possession of shop to him subject to payment of balance sale price, but its refusal to award hint damages sustained by him on account of delay in handing over its possession---Dismissal of plaintiff's appeal by High Court---Validity---Plaintiff had specifically claimed damages in addition to performance and there was no alternate relief in the plaint---Plaintiff had suffered a lot and remained in mental agony after booking of shop when its possession was not handed over to him within stipulated period---Plaintiff after endorsing notice to defendant had filed suit---Defendant had lingered on proceedings to avoid handing over possession of shop---Plaintiff was entitled to claim damages under S.13(3) of Sindh Building Control Ordinance, 1979---Refusal to allow plaintiff such damages would be in violation of Art.4 of the Constitution---Supreme Court accepted plaintiff's appeal with cost throughout. S. Shahenshah Hussain for Appellant. Mazhar Ali B. Chohan for Respondent. ORDER SYED ZAWWAR HUSSAIN JAFERY, J.--- This appeal by the leave of the Court, is directed against the judgment dated 3-1-2008, passed by learned High Court of Sindh at Karachi, whereby the revision application, filed by the petitioner, was dismissed. 2. Brief facts of the case are that the appellant had filed a civil suit against the respondent for specify: performance and damages pleading therein that he had booked a shop in the project of respondent for a total sale consideration of Rs.2,50,000 with a clear understanding that the respondent will deliver the possession of the shop within three years from the date of booking viz. 4-4-1991. The appellant paid Rs.200,000 to the respondent but the project was inordinately delayed. However, on completion of the project, the appellant…

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