17. In the present case the essential term of the agreement (Ex.P-1)
was that the plaintiff would make the balance payment on 20th
October, 2007; and, that upon payment the first defendant would
appear on the same date before the concerned officer for transfer of
suit property in favour of the plaintiff. The plaintiff neither in the
plaint nor during the course of evidence while appearing before Trial
Court as PW-3 stated that he adhering to the terms and conditions of
the agreement (Ex.P-1) tendered balance amount to the first
defendant and went to the office of the concerned officer for transfer
of suit land. Same is the status of the statement of other witnesses
who appeared on behalf of the plaintiff. In other words the plaintiff
had violated the essential term of the agreement (Ex.P-1) and,
therefore, per Section 24(b) of the Specific Relief Act, 1877, he was
not entitled to specific performance.
Used in judgement of
Lahore High court
Civil Revision
2302034.3204-15
| 2019 LHC 190 |
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