Law:

Section:

(a) Contract Act (IX of 1872)- ------S. 55---Specifc Relief Act (I of 1877) S.12---Suit for specific performance of agreement to sell immovable property---Time of the essence of the contract---Period fixed in agreement for registration of sale-deed was extended on two occasions with mutual consent of parties---Refusal of defendant thereafter to complete sale on the ground that agreement had come to an end as time was of the essence of the contract---Suit for specific performance of agreement was decreed by Trial Court and upheld by Appellate Court---Validity---Time in view of such facts was not of the essence of the contract---Normally in sale of immovable property, time was not of the essence of the contract----Courts below had not committed any illegality or irregularity while decreeing suit of plaintiff---High Court dismissed second appeal filed by defendants. Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344 rel. (b) Contract Act (IX of 1872 --- ----S. 55---Time of essence of the contract---Sale of immovable property--Time ordinarily in such transaction not considered as being the essence of the contract---Mere mention of time in contract for its performance would not mean that time was of the essence of the contract---Intention of parties in such behalf could be gathered from terms of contract and circumstances of case. Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344 fol. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Concurrent findings of fact---Could not be interfered in revisional jurisdiction of High Court. Ch. Ghulam Hussain for Appellant. Khawaja Saeed-uz-Zafar for Respondents. Date of hearing: 8th May, 2002. JUDGMENT I intend to dispose of the instant R.S.A. No. 74 of 1999 as also Civil Revision No.987 of 1996 through this consolidated judgment as both impugn the judgment and decree dated 3-5-1999 passed by the learned District Judge, Sialkot, dismissing the appeal of the appellants. The parties are same and common questions of law and facts are also involved in both these matters. 2. The dispute relates to the House No.7/9 situated at Pindi Araiyan, Rangpura, Sialkot City. One Master…

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