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RANA ALLAH BAKHSH versus GHULAM SAKINA

The sale of suit land for the specific performance of Article 55 Special Relief Act (IX of 1877), Section 12 Limitation Act (IX of 1908), Article 113 suit sale agreement was executed between the parties. Was. , The seller was paid to the seller and the plaintiff / seller was presented to the plaintiff / professional by the plaintiff (vendor), but the defendant / vendor performed their part of the agreement. And refused to complete the sale agreement and if the plaintiff / vendor tried to separate the filed property for the specific performance of the contract, the lawyer in advance of the plaintiff's interest neither demanded the sale of the case. Neither the due date nor the balance amount was paid in the contract and the contract was terminated due to non-contractual failure. Together, the trial court and the appellate court respondent / seller had filed a re-review. If at the time the agreement was reached, it was the defendant's duty to provide evidence, but the defendant failed. Was not even on the record. To advise that the plaintiff or his legal heirs after his death were not willing to pay the balance or cancel the contract after the expiry of the time fixed in the case of the defendant selling the real estate. Any attempt to seize the suit property, its performance in the contract, mere mention of the time, will not necessarily mean that the time was of the essence of the contract and the plaintiff could not be justified simply because the contract was at that time Was not done within which the legislature did not intend to pass the time ask a advocate free from Gujrat lawyer