Law:

Section:

Specific Relief Act (I of 1877)---------Ss. 8, 12 & 42---Suit for specific performance, declaration, and possession---Suit plot was sold by defendant- Authority through public auction to the plaintiff---Plaintiff deposited two instalments of sale price and balance amount was payable in two equal yearly instalments from the date of issuance of possession order by defendant---Subsequently suit plot stood cancelled by decision of Court---Plaintiff requested defendant Authority that he could be allotted another commercial plot of equal size in the same locality in place of plot sold to him---Defendant instead advised plaintiff to apply for refund of amount already deposited by plaintiff---Plaintiff had filed suit for specific performance, declaration possession and in alternate to allot another plot or for damages---Held, plaintiff was entitled to suit plot and in case it had been cancelled .or disposed of by defendant-Authority, then plaintiff was entitled to allotment of similar type of plot in the same scheme or in an identical scheme. Plaintiff in person. Muzaffar Imam for Defendant. Date of hearing: 15th September, 2000. JUDGMENT The plaintiff has filed the above suit for specific performance declaration, possession and in the alternate for damages. In the suit .he has impugned for the following reliefs:-- (a) That the defendants may be directed to specifically perform the agreement dated 21-1-1974 and to hand over the possession of the Plot NO.S.R.11 measuring 400 sq. yds. situated in Block 16 (Scheme No.24) Gulshan Iqbal, Karachi or in the alternate it may be declared that the plaintiff is entitled and that the defendant is bound to give and deliver to the plaintiff commercial plot of the same size measuring 400 sq. yds. In the same scheme in lieu of the aforesaid plot and a decree for mandatory injunction to the effect may be passed accordingly. (b) In the alternate decree for Rs.20,00,000 as damages and Rs.34,000 may be awarded to the plaintiff against the defendants. (c) Interest at 15 % per annum and/or at such rate as the Honourable Court may deem fit and proper. (d) Cost of the suit." Briefly the facts of the case are that the defendant by public…

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