Held: The jurisdiction of the Courts to issue a decree of specific performance is discretionary in nature as it is an equitable relief. Thus, the Court is not bound to grant such relief merely because it is lawful to do so let alone that the same is exercised in favour of a plaintiff who has exhibited contumacious conduct by not complying with repeated directions of the Court to pay balance amount of sale consideration. Equity mandates that in a suit for specific performance, it is the duty of the Court to find out, which party has not performed and is trying to wriggle out of his contractual obligations. It is to be kept in sight that the law of limitation prescribes a specific time for institution of suit for specific performance and the same is considered within time even if filed on the last day of the limitation period prescribed under the law. However, the vendee, as part of natural human conduct, is expected to immediately file a suit for specific performance of contract on refusal of the vendor to adhere to his contractual obligations which would exhibit that the vendee is willing and ready to perform his part of the contract in terms of deposit of the balance consideration. The performance of the contract is not to be seen from the date when it is suitable to the plaintiff.
Civil Revision-323-22
SH. KHALID JAVAID VS
SHAMS UD DIN CHISHTI
Mr. Justice Anwaar Hussain
28-02-2024
2024 LHC 1015
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