Section 55 of the Special Relief Act (of 1877), for the specific performance of a section 12 real estate sale contract, stipulated that the suit be forfeited within thirty days of non-payment of the balance price within the contract. Was the essence of the defendant's request. Of the contract, which terminates due to non-payment of the equilibrium price over a period of time. In order to make the justification timely as the essence of the contract, the contract should have such a condition, that if the contract was not initially formed, then the notice of the contract will be presented to the buyer after the execution of the contract. Providing preferential thirty (30) days to complete the contract, otherwise the contract will be terminated. The defendant did not present any such notice which is the time specified for the performance of the suit agreement. 1 was 2006, while the case was filed on 4 3 2006, thus, there was a 60-day interval between such time and the filing, so short of the suit to the plaintiff. In the matter of the decision of the agreement could not be made. \ r avoided n
Related judgments — Karachi High Court Sindh, 2011