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2022 MLD 1378

2022 MLD 1378

Specific Relief Act ( I of 1877 ) — — S.12 – Suit for specific performance — Non – payment of balance sale consideration — Effect — Respondents filed suit for specific performance of agreement to sell against vendors alleging therein that they had settled the sale with them — Petitioners , within couple of months , filed a suit of similar nature contending therein that the vendors had agreed to sell the land to them – Suits were clubbed with each other – Trial Court granted money decree to the respondents whereas the petitioners were equipped with conditional decree for specific performance of their contract directing them to pay the outstanding amount within one month — Although a receipt was presented before the Appellate Court to claim that outside the Court , the decretal amount had already been paid but the Appellate Court did not agree that the condition was genuinely fulfilled — Appellate Court dismissed the suit filed by petitioners , allowed the appeal of respondents and decreed their suit for specific performance with the condition of payment balance sale consideration — Validity — Payment by petitioners outside the Court to a person ( an alleged attorney of the vendors ) who was not duly competent in this behalf could not be made basis to hold that condition was fulfilled as per mandate of the decree — Operation of decree of the petitioners was never suspended — Once the suit of petitioners stood dismissed , they got out of the picture leaving no pedestal for them to resist the suit of respondents — Suit of respondents could only have been resisted by vendors – Revision petitions were dismissed .

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