Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 12---Colonization of Government Lands (Punjab) Act (IV of 1912), S.10---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider, whether discretion for not allowing specific performance of agreement was properly and judicially exercised because while doing so the conduct of respondent who did not inform petitioner about conferment of proprietary rights and instead of calling upon him to perform his part of agreement he exchanged the land with other respondents and the suit was filed promptly within few days of the exchange in question when petitioner came to know about the same. (b) Specific Relief Act (I of 1877)--- ----S. 15---Unperformed part of agreement was large---Specific performance, grant of---Pre-condition---Specific performance can be granted of such small part on the condition that plaintiff relinquishes his claim to further performance, including a claim for compensation for the deficiency or for the loss or damage sustained by him through default of defendant---Two conditions are required to be fulfilled in respect of relinquishment of rights; firstly the plaintiff should relinquish his claim to further performance and secondly the relinquishment should be towards claim for compensation for deficiency or for the loss or damage sustained by him because of the fault of defendant---Plaintiff before taking benefit of S.15 of Specific Relief Act, 1877, must assert and prove such two conditions. (c) Specific Relief Act (I of 1877)--- ----Ss.15 & 17---Unperformed part of agreement was large---Relief of compensation in terms of money---Specific performance, grant of---Defendant along with his minor brother and two sisters was owner of suit-land and entered into agreement to sell the same on his behalf and on the behalf of his brother and sisters without any authority---Suit for specific performance of agreement was dismissed by Trial Court and Lower Appellate Court as well as High Court maintained the findings of Trial Court---Validity---Condition of relinquishment of all claims to further performance or right to compensation etc, as provided in S.15 of…

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