There is no cavil with the proposition that relief of specific performance is discretionary in nature and despite proof of an agreement to sell, exercise of discretion can be withheld if the Court considers that grant of such relief would be unfair or inequitable

So far as the case in hand is concerned, it is directly and squarely hit by illustration I of Section 22. In this regard, I am also fortified by the law laid down in “Sheikh Akhtar Aziz Versus Mst. Shabnam Begum and others” (2019 SCMR 524) wherein it has been held as under:- “

Finally, there is no cavil with the proposition that relief of specific performance is discretionary in nature and despite proof of an agreement to sell, exercise of discretion can be withheld if the Court considers that grant of such relief would be unfair or inequitable.” 

Part Of Judgment 

IN THE ISLAMABAD HIGH COURT, ISLAMABAD. 

Bakht Baidar VS Ghulam Nabi

Civil Revision-42-2017 | -

Honourable Mr. Justice Ghulam Azam Qambrani