Law:

Section:

Specific performance-Suit for specific performance of contract of sale-Defence plea that there was variation and afresh contract was executed-New contract not produced nor even scribe of contract examined-Defence plea, held, rightly rejected. Ch. Khurshid Ahmad, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner. Memo for Respondent. Date of hearing : 4th February 1971. JUDGMENT M. R. KHAN, J.-The petitioner was the defendant in a suit for specific performance of a contract of sale, dated the 2nd January 196;1, brought by the respondent. The contract sought to be enforced was in respect of shop No. 2-87-165, situated at Shanpur Saddar, District Sargodha. This contract was admitted by the petitioner. He, however, took the defence that on the same date another contract was made between the parties where­under the respondent was to pay the balance of tire consideration money within two years of that contract failing which the earnest money of Rs. 2,000 was liable to be forfeited. His specific plea was that the respondent failed to pay the balance consideration within the stipulated period and, as such, the contract was not liable to be enforced. This plea was rejected by the trial Court, and the suit was decreed. The decree was maintained on appeal. A second appeal was dismissed in limine by a learned Judge of the High Court of West Pakistan, Lahore. The petitioner now seeks special leave to appeal. The petitioner's case depended on the second contract alleged to have been entered into between the parties on the 2nd January 1961. In the opinion of the Courts of fact, this contract was not proved, although the trial Court gave an opportunity to prove that contract by giving a secondary evidence, the original not being available. Learned counsel for the petitioner submits…

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