Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 12 & 19---Contract Act (IX of 1872), S.73---Civil Procedure Code (V of 1908), O.XVII, R.3---Suit for specific performance of agreement to sell and recovery of damages---Trial Court closed defendant's right to produce evidence, decreed the suit for specific performance but dismissed the claim of damages---Appeal was dismissed by High Court for being time-barred---Plaintiff contended that defendant having failed to execute registered sale-deed by revoking general power of attorney in favour of his nominee, entrusted with execution of registered sale-deed, was liable to pay damages eleven times the sale price of suit-land as per penal clause of the agreement---Defendant controverted plaintiff's averment maintaining that both specific performance and penalty could not be granted to plaintiff---Validity---Plaintiff was entitled to compensation under S.73 of Contract Act, 1872 if he established loss caused by non fulfilment of contractual obligation by vendee of the agreement to sell but no such loss was proved to have occurred by the plaintiff during trial---In order to seek compensation for the loss caused by non-performance of the contract, plaintiff had to serve a notice upon the vendor and raise a demand of compensation for breach of the agreement but no such notice was, admittedly, served by plaintiff---Plaintiff could either seek specific performance of the agreement or enforcement of penalty clause, if any, incorporated in the agreement---Damages were claimed by plaintiff on the ground of cancellation of power of attorney in favour of his nominee but the same having been cancelled only after three years, since the execution of the agreement, could not be termed a violation of the agreement leading to enforcement of penalty clause---Cancellation of power of attorney, by itself; did not constitute refusal to perform agreement to sell---Plaintiff could not prove any specific monetary loss equivalent to the amount claimed in the plaint---Impugned and decree of Trial Court did not suffer from any illegality---Appeal was dismissed in circumstances. Danishmand v. Syed Rashid Afzal 1986 MLD 141 and Mrs. Mussarat Shaukat…

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